"Because Being Unique Belongs To More Than Just One Person"
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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By using this website, DaCSNOW.com or any other website owned, operated, or controlled by this website, you signify your assent to these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use this site. We reserve the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following these terms will mean you accept those changes.

Unless otherwise noted, all materials (outside of registered member’s listings, postings and dialogues) including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled and licensed by this website, except as referenced to third-party material. No material from this web site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way.

Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein is strictly forbidden.

GENERAL TERMS AND CONDITIONS

This website is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing you feel is violating the general terms and conditions of this website as stated below, or detect problems within the site please let us know by contacting us. Before you become a member of DaCS NOW, LLC you must read and accept all of the Terms and Conditions and Privacy Policy.

We appreciate all that you do to help us remain a safe and healthy website.

RULES:

  1. No content including offensive, obscene, vulgar or inappropriate material will be allowed to post in any category on this website.

  2. All information given by users, including but not limited to email addresses and personal information, is to remain safe and private. Any attempt to violate this policy outside their consent will result in immediate termination.

  3. There will be no downloading of viruses or other technologies that may hinder or alter this website or affect any users or their property.

  4. All copyrights and trademarks are the property of their respective owners. Any attempt to copy, modify or distribute content will be a legal violation.

  5. There will be no distribution of spam, chain letters, pyramid schemes or any other material whose purpose is to mislead or harass any users on this website.

  6. There will be no undermining of the feedback rating system. Any member using abusive negative language about another member outside the rating system will be subject to termination. All feedback is to remain within the rating system in regards to the appropriate transactions having occurred between the two members. Any member using false, inaccurate, misleading, defamatory, or libelous language about another member or this site will be subject to termination.

  7. Users will not attempt to change or manipulate the infrastructure of this website in any capacity.

  8. All users are held responsible for their own listings, any attempt to alter or hinder another user or their listings will not be allowed. Each user is required to fulfill their end of responsibility. Payment is expected upon purchase and delivery is expected upon payment. Allowances: (1) Cannot authenticate the seller's identity, (2) transaction looks suspicious and must be reported immediately, (3) seller has materially changed listing after bid, (4) typographical error- bid retraction

  9. All laws, third party rights, and policies (Privacy and Restricted Items) will be held, anyone failing to adhere and respect the rules of this website are subject to immediate termination.

PROHIBITED ITEMS:

  1. Alcohol (including wines, beer, and liquor). Alcohol is a regulated item, some items may not be legal to sell. The regulations vary from state to state and therefore will not be allowed.

  2. Contracts. (Including Cell Phone Service Contracts) The laws surrounding contracts vary and to protect against legal liability for both users and this site they will not be allowed.

  3. Used Personal Items. Cosmetics, breastpumps, any personal item for sanitation reasons are not allowed.

  4. Items that promote Illegal Activity: Firearms, some countries do not allow firearms and in the U.S. firearms must first be registered before sale, therefore to support the laws and regulations they are not allowed on this site.

  5. Items that promote Illegal Activity: Electronics (TV de-scramblers, wiretapping devices)

  6. Items that promote Illegal Activity: Importation and Exportation of Goods. Items will not be purchased or sold that are illegal in another country or goes against a company's policies. No Stolen Property.

  7. Items that promote Illegal Activity: Literature, How-To Books, Mailing Lists of personal information, Counterfeit currency and stamps.

  8. Drugs. No drugs or any kind including but not limited to (illegal drugs, prescriptions, Narcotics, Tobacco) are allowed on this site. NO EXCEPTIONS!

  9. Food. (Including plants, weeds and seeds- some could be used in illegal activities) This item is highly regulated and to protect the users and this site they will not be allowed.

  10. Governmental Items: Documents, Id's, Licenses, Uniforms. Any item related to the government will not be allowed to protect governmental laws and privacy.

  11. Stocks, Bonds, Securities and International Trading. These items are highly regulated and will not be allowed.

  12. Credit Cards. Due to high cases of Fraudulent activity these items will not be allowed.

  13. Hazardous Material. Any item that could cause bodily harm if made contact will not be allowed. Including but not limited to: Pesticides, Harmful Liquids, Antifreeze, fireworks.

  14. Live Animals or Wildlife.

  15. Human or Animal Remains. No exception.

  16. Mature Material. In an effort to keep this site healthy no adult material of a pornographic nature of any kind is allowed.

The Auction For Humanity area acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. This website shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This website shall not be responsible for the cost of procurement of substitute goods or any losses resulting from any goods purchased or obtained. At no time does DaCS NOW, LLC accept legal ownership or title of the items listed by seller(s). Further we cannot guarantee continuous or secure access to our services and operation of the website may be interfered by circumstances outside our control. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect consequential damages arising out of use of this website. This website assumes no liability for the content of the listings. However, if you fall victim of a fraudulent transaction we will assist you in every way that we can. All images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of the registered member’s listings, postings or dialogues belong to their respective owners and shall not be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in anyway except as haven been given permission to DaCS NOW, LLC as set forth in the rules and policies located within this site. In the event our trademark/copyright or third-party rights policy has been violated please Contact Us and we will look into the matter immediately. Remedies to offense will include but are not limited to: account suspension, termination, removal of content, informing legal authorities and taking the appropriate legal actions necessary to enforce the policies held within this site.

You shall not upload to, distribute through or otherwise publish through this website or Factory Community any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

RIGHTS TO SUSPEND OR TERMINATE

You agree that this website, in its own discretion, may terminate any auction or use of services immediately without notice if (a) we believe that you are not abiding by the general rules of this website (b) you have repeatedly broken a certain rule (c) you have listed a suspicious item (d) we believe you to be a non-paying bidder. In most cases when we suspect foul play we will suspend your account/listing while we investigate further. If our investigation is conclusive then your account with us will be terminated. We reserve the right to cancel unconfirmed accounts or any account that has been inactive for a long time. Without limiting any previous statements we may take technical and legal steps necessary to keep away users of the site if we think they are creating problems and/or possible legal liabilities, or acting inconsistently with the spirit of this website.

SERVICE FEES

DaCS NOW, LLC charges fees for services rendered throughout this site. By joining and using our services you agree to be held responsible for payment of these services. To review this site’s applicable fee structure for the auction area please visit Site Fees as found at the bottom throughout this site. Other service programs may require payment before use of the services will be granted. In the event you default on payments due we have the authority and may take the following actions including but not limited to: account suspension, termination, legal action as required to collect on payments to accounts.

YOUR CONDUCT

You are solely responsible for the contents of your actions through this website. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you are entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through this website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulation.

MEMBERSHIP

Membership to this website is only available to those who can form a legally binding contract. This website does not permit minors (under 18) to register. If any member fails to sign-up with their correct age the account will be terminated immediately.

FACTORY FORUMS, COMMUNITY AND PUBLIC COMMUNICATION

Community forums, “Factory Community” means any discussion group, chat area, bulletin board, news groups, letters to the editors, webmaster(s) or employees, offered as part of this website DaCS NOW, LLC. The Factory forums/community shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising or solicitation for goods and services. You specifically acknowledge that soliciting other guests, members of DaCS NOW, LLC website to join or become members of any commercial online or offline service or other organization is expressly prohibited.

It is our policy to respect the privacy of all members. Therefore, subject to the terms of DaCS NOW, LLC privacy policy, in general, we will not monitor, edit, or disclose the contents of a member’s email unless required in the course of normal maintenance of this site and it systems or unless required to do so by law or in the good-faith belief that such action is necessary to comply with the law or rights or property of this website, it’s users, advertisers, members, sponsors, or affiliates or act in an emergency to protect the personal safety of our guests, members or the public. Members are to remain solely responsible for the content of their messages, listings, postings and dialogues.

By uploading materials to any Forum or submitting any materials to us, DaCS NOW!, LLC, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

Factory Directory: The information in the Directory of DaCS NOW, LLC is provided by the owner of the listings. DaCS NOW, LLC does not warrant the validity of the information, nor does it guarantee the quality of the work product. The determination of the need for services and the choice of consumer care professionals are important decisions and should not be based solely upon advertisements or self-proclaimed expertise. DaCS NOW, LLC does not review the contents of the listings which are provided by the owners of the listings or any links to this or to their website. DaCS NOW, LLC is not responsible for any material or information contained in the linked sites or provided by the owner of the listing. A description or indication of limitation as provided by the owner of the listing does not mean that any agency or has been certified as a specialist in their field, nor does it mean the consumer care professional is necessarily any more expert or competent that any other consumer care professional. All potential consumers are urged to make their own independent investigation and evaluation of any consumer care professional being considered.

Third Party Links as provided by DaCS NOW, LLC: This website contains links to third-party websites for informational purposes only. These links are provided solely as a convenience to the member and do not constitute endorsement or approval by this website of the content on such third-party Websites. This website is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. This website does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party website, you do so at Your Own Risk. Your use of third-party websites may also be subject to the terms and conditions of use and privacy policies as set by that website.

Third Party Links as provided by Registered Members of DaCS NOW, LLC: This website may contain links to third-party websites as provided by the registered members listings and/or postings. DaCS NOW, LLC does not endorse or approve of the content within such third-party websites. This website is not responsible for the content of linked third-party sites, which could be considered offensive by certain readers. This website does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party website, you do so at Your Own Risk. Your use of third-party websites may also be subject to the terms and conditions of use and privacy policies as set by that website.

The use of a hyperlink is not an endorsement of a company, product or opinion. The use of hyperlink does not imply that this website agrees with the content being linked to and DaCS NOW, LLC does not guarantee that the content contains accurate information. This website has no obligation to link to any site.

NOT LEGAL ADVICE OR LEGAL REPRESENTATION

LINKS: DaCS NOW, LLC offers no legal advice, recommendations, mediation or counseling under any circumstances. Links to consumer care professionals: This site is not a professional Referral service, but merely assists members in finding an avenue for consumer care professionals. Guests/Members are totally and solely responsible for their own selections and actions. DaCS NOW, LLC never receives any portion of any fees and any arrangements made are strictly between Guests/Members and their professional and do not involve DaCS NOW, LLC in any way.

NO WARRANTIES OR REPRESENTATION

This site and the information, services, names, images, pictures, logos, links and icons regarding or relating to DaCS NOW, LLC, its owners, employees, agents and its affiliates are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Use of this site is at your own risk.

NO AGENCY

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

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall DaCS NOW, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or services within this site, even if an authorized representative has been advised of the possibility of such damages. In no event shall DaCS NOW, LLC total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Alabama, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of the United State of America and/or the State courts of Alabama and jurisdiction therefore shall rest solely in Alabama, USA.

RELEASE

If you have a dispute with one or more users, you release DaCS NOW, LLC (and our officers, agents, affiliates, employees and representatives) from any claims, damages (actual and consequential) and demands of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.

INDEMINIFICATION

You agree to indemnify, defend and hold harmless DaCS NOW, LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this site from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from your use of this site.

FORCE MAJEURE

DaCS NOW, LLC shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, power or other essential services, or interruption or termination of service by the Internet access service being used by DaCS NOW, LLC to link its servers to the Internet.

MODIFICATION

This website reserves the right to change the terms, conditions, policies, and guidelines for this site including this Agreement. You are responsible for regularly reviewing these terms, conditions, policies and guidelines, and any additional terms posted on this site. Your continued use of this site and services constitutes your agreement to all such terms, conditions, policies and guidelines. Any changes may be posted without notice, and will become effective when posted on the site.

NOTICES

All notices required under this Agreement shall be in writing and shall be made either by conventional mail, overnight courier, or other commercial delivery services. DaCS NOW, LLC may also broadcast notices or messages through this site to inform You of changes to this agreement, a service or other important updates. These broadcasts also constitute notice to You. All notices to this site must be made in writing to the address listed below:

DaCS NOW, LLC
ATTN: Administration
PMB 243
6585 Hwy 431 South, Suite E
Hampton Cove, AL 35763

We thank you for visiting our site and for respecting our Terms and Conditions and hope that you enjoy everything this site has to offer.

In God We Trust
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DaCS NOW! An Auction For Humanity
Copyright ©2009 DaCS NOW, LLC . All Rights Reserved. Designated trademarks and brands are the property of their respective owners.
Use of this Web site constitutes acceptance of the DaCSNOW.com TERMS & CONDITIONS and PRIVACY POLICY
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