Terms and Conditions
I. About Telecom Listings
I.i. What Is Telecom Listings?
Telecom Listings is an online marketplace for you to list, sell and buy telecommunications equipment. On Telecom Listings, you can list, sell and buy items within either an auction or a fixed-price format. All users must comply with this agreement and the other policy documents. All items that users list and sell must likewise be in compliance.
I.ii. Telecom Listings’s Role
Telecom Listings does not directly sell any product other than its listing services. Telecom Listings is not, therefore, directly involved in any transaction between buyer and seller. Every transaction takes place directly between buyer and seller.
Telecom Listings may pre-screen users in an attempt to verify their true identity, age, location and nationality; however, Telecom Listings cannot guarantee this information and cannot be held liable in cases of deception. Telecom Listings does not pre-screen the content provided by users, and therefore cannot guarantee that the content is accurate or that a buyer or a seller will fulfill any given transaction.
You are encouraged to communicate directly with your potential transaction partner through the tools available on the website. Also, you are encouraged to use third-party services for additional identity and payment verification, such as PayPal.
Telecom Listings may provide you with help about listing, pricing, shipping and similar topics. This help is simply information that you may choose to follow or not. Telecom Listings does not control the accuracy, quality, safety, morality, legality or existence of listed items or any aspect of listed items. Furthermore, Telecom Listings does not guarantee the ability of a seller to sell items or the ability of buyers to buy items. Telecom Listings does not control any dispute arising between buyers and sellers. Telecom Listings does not transfer legal ownership of items from sellers to buyers.
I.iii. Agreement About the Role of Telecom Listings
By using this website, you are agreeing that Telecom Listings is an online marketplace and as such is not responsible or liable for any content&mdashincluding but not limited to data, information, text, images, audio, video, item descriptions, store names, usernames, profiles and hyperlinks&mdashposted by users on Telecom Listings. You use the services provided by Telecom Listings at your own risk.
You must be 18 years of age or older and be able to form legally binding contracts to make use of Telecom Listings’s services. By using Telecom Listings, you are warranting and representing that you are at least 18 years of age and that all information you provide about yourself when registering and using the website is accurate and truthful. Telecom Listings retains the ability to refuse access to or use of the website to any individual or entity. Moreover, Telecom Listings may change its eligibility criteria at any time. This provision is void where prohibited by law; the right to access or use the website is revoked in such jurisdictions. Persons who are 17 years of age or younger can only use Telecom Listings’s services in conjunction with and under the supervision of a parent or legal guardian who is 18 years of age or older; in all such cases, the adult is considered to be the user and the adult is responsible for all activity.
You must comply with all local laws about online conduct and acceptable content; likewise, you are responsible for any taxes that apply to a sale or purchase. You must comply with Telecom Listings’s policies as stated in this agreement and the other policy documents, as well as all other operating rules, policies and procedures that may be published occasionally on the website by Telecom Listings. Each newly published rule, policy and procedure is incorporated into the agreement by this reference, and each may be updated by Telecom Listings without the user being notified. Certain services offered through the website may be subject to additional terms and conditions put forward by Telecom Listings occasionally. Your use of such services is subject to those additional terms and conditions, which are also incorporated into this agreement by this reference.
You are encouraged to use as strong of a password as is practical and to keep your password secure. You are fully responsible for any activity, liability or damage that results from your failure to establish and retain a secure password. Telecom Listings cannot be held responsible or liable for any loss or damage resulting from your failure to establish and retain a secure password. You agree not to give your username and password information in combination to any party other than Telecom Listings without Telecom Listings’s express written permission.
Notify Telecom Listings immediately if you notice any unauthorized use of your password or any breach of security.
II.iv. Account Information
You must keep your account information current and accurate at all times, including a valid email address. To sell items on Telecom Listings, you are required to provide and maintain valid payment information, such as a valid PayPal account. If your account or payment information changes, update it immediately.
II.v. Account Transfer
You may not transfer or sell your Telecom Listings account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this agreement.
II.vi. Right to Refuse Service
Telecom Listings members who are temporarily or indefinitely suspended cannot make use of Telecom Listings’s services. Telecom Listings reserves the right, according to the sole discretion of Telecom Listings, to nullify unconfirmed or inactive accounts. Furthermore, Telecom Listings reserves the right to refuse service to any party at any time for any reason.
III. Fees and Services
You are responsible for paying all fees and applicable taxes associated with using Telecom Listings.
There is no charge to join, create a store and list an item on Telecom Listings. Telecom Listings does, however, charge a percentage of the sale when an item is sold through the Telecom Listings services. Additionally, Telecom Listings may charge for upgrades to listings or preferred placement of items or stores. When you list an item for sale, you are able to review and accept any charges at that time. Listing upgrades are charged at the time of listing.
Telecom Listings’s Fees Policy is incorporated into this agreement by this reference, and is subject to change. Changes to the Fees Policy and the fees for Telecom Listings’s services are effective after Telecom Listings provides you with at least fourteen (14) days’ notice by posting the changes on the website. However, Telecom Listings may choose to temporarily change the Fees Policy and the fees for Telecom Listings’ services for promotional events.
Telecom Listings may, at the sole discretion of Telecom Listings, change some or all of Telecom Listings services at any time. In the event that Telecom Listings introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Sale fees include the final sale price of an item as well as any shipping fees on an order. In certain situations, including but not limited to a void or invalid transaction and returns, Telecom Listings may, at the sole discretion of Telecom Listings, issue credit for the applicable fees to a seller’s billing statement.
If Telecom Listings terminates a listing, a store or your account, if you close your account, or if the payment of your Telecom Listings fees cannot be completed for any reason, you are still responsible for paying Telecom Listings all unpaid fees plus any applicable penalties. If the seller’s account is not paid in full and becomes past due, the seller risks penalties, including but not limited to the suspension of your privileges and the termination of your account. If you have a question or wish to dispute a charge, contact Telecom Listings directly.
IV. Item Listings and Store Policies
By listing an item on Telecom Listings, you are warranting that all aspects of that item are in compliance with Telecom Listings’s policies and that you are able to sell that item legally.
Item listings and all sales terms found in your Telecom Listings store must be complete, accurate and truthful. Every item must be listed in an appropriate category with appropriate tags or identifiers. Each unique item must have its own listing. If you sell more than one unit of a particular item under a single listing, every item in that listing must be identical.
An item listing must consist solely of text, graphics or pictures, and other relevant content that you personally have supplied. References or links to sales venues, listings, websites and sales channels external to Telecom Listings are prohibited, as are phone numbers or email addresses stated directly in item listings, store write-ups, store banners or store policies.
IV.ii. Store Policies
You are encouraged to provide store policies for your customers in your Telecom Listings store. Policies may include, for example, information about shipping, returns, payment and selling. These policies must be created in good faith, and you must follow your own policies. You are responsible for enforcing your own store policies. All store policies must follow the site-wide policies of Telecom Listings. Telecom Listings reserves the right to request a change in any store policy.
IV.iii. Binding Sales
All transactions are binding. The seller must ship the order or otherwise complete the transaction with the buyer promptly, except in exceptional situations, including but not limited to the buyer failing to meet the terms of the seller’s listing or the seller being unable to authenticate the buyer’s identity. The buyer must pay for purchased items, except in exceptional situations. By purchasing an item through Telecom Listings, the buyer is agreeing to the store policies as set forth by the seller.
IV.iv. Fee Avoidance
The price listed for each item must accurately reflect the sale. Sellers may charge reasonable shipping and handling fees to cover the costs of packaging and mailing items; sellers are prohibited from charging excessive shipping and handling fees.
Misrepresenting the item’s location or using another user’s account without permission is strictly forbidden. No sales may be completed via private message or similar method as a way to avoid Telecom Listings’s sales fee. Any other effort to move a sale off Telecom Listings after the sale was initiated on Telecom Listings is strictly prohibited. Such actions may result in your account being suspended.
V. Restricted Conduct and Content
You are solely responsible for your conduct on Telecom Listings and the content you provide. Content includes all data, text, information, usernames, graphics, images, profiles, audio, video, items and links that you provide, post and display on Telecom Listings.
V.i. Restricted Activities
Your conduct on Telecom Listings and the content you provide shall not:
- Violate this agreement or any site policy;
- Violate any applicable law, statute, ordinance or regulation;
- Be false, inaccurate or deceptive;
- Involve the sale or exchange of fraudulent, illegal, counterfeit or stolen items;
- Infringe upon the copyright, patent, trademark, trade secret or otherwise proprietary material of any third party;
- Contain items that are hazardous to consumers, as defined by the Consumer Products Safety Commission (CPSC);
- Be defamatory, libelous, unlawfully threatening, unlawfully harassing or intimidating to any person;
- Falsely state or deceptively imply affiliation with any third party;
- Be obscene;
- Contain or transmit child pornography;
- Contain or transmit any malware, spyware or similar software or code designed to damage, interfere with, surreptitiously monitor, intercept or expropriate any data or system;
- Host any image that is not part of a listing;
- Link, reference or provide descriptions of goods and services, either directly or indirectly, that are prohibited under this agreement and other applicable policy documents;
- Alter this or any other website to deceptively imply association with Telecom Listings;
- Cause or appear to cause liability for Telecom Listings;
- Cause or appear to cause Telecom Listings to lose, in whole or in part, the services of Telecom Listings’s Internet Service Providers and other suppliers.
VI. Content License
VI.i. Ownership Rights
You retain ownership rights for your content. However, by using this website, you are granting Telecom Listings a license solely to allow Telecom Listings to use any content, information or data you provide on Telecom Listings, so that Telecom Listings is not in violation of any rights you might have with that content.
VI.ii. Re-posting Content
If you choose to display your own Telecom Listings-hosted image on another website, you must provide a link back to the original listing page on Telecom Listings. By posting content on Telecom Listings, it is possible for an outside website or a third party to re-post that content. You agree to hold Telecom Listings harmless for any dispute concerning any third-party use of your content.
VI.iii. Idea Submissions
Telecom Listings considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the website or otherwise to be non-confidential and non-proprietary. Telecom Listings cannot be held liable for the disclosure or use of such material. If, at Telecom Listings’s request, any member sends suggestions, ideas, proposals or other material to improve the website, Telecom Listings shall also consider it to be non-confidential and non-proprietary. Telecom Listings cannot be held liable for the disclosure or use of such material, as well. All communication between you and Telecom Listings is subject to this agreement.
By submitting, solicited or otherwise, suggestions, ideas, proposals or other material to Telecom Listings, you are granting Telecom Listings a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in any product or service, or in documentation, without compensation or accounting to you and without further recourse by you.
VII. Information Control
Telecom Listings does not control the content that users provide. You may find some content to be offensive, harmful, inaccurate or deceptive. You may risk dealing with underage persons or people acting under false pretenses. You may also risk dealing with international trade. By using Telecom Listings, you are agreeing to accept such risks and that Telecom Listings cannot be held liable for the acts or omissions of any user on Telecom Listings. You are encouraged to use caution and common sense and to practice safe buying and selling when using Telecom Listings.
VII.ii. Other Resources
Telecom Listings is not responsible for external websites or resources, or the content found thereon that has been linked to or referenced on the website. Telecom Listings does not endorse and is not responsible for any content, advertising, products or other material found on or available through such websites or resources. Telecom Listings cannot be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
VIII. Resolution of Disputes and Release
In the event a dispute arises between you and Telecom Listings, please contact Telecom Listings.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Brown County, Wisconsin, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Wisconsin. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Telecom Listings agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Should you have a dispute with one or more users, or an outside party, you release Telecom Listings (and Telecom Listing’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Telecom Listings encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. Telecom Listings, for the benefit of users, may try to help users resolve disputes. Telecom Listings does so in Telecom Listing’s sole discretion, and Telecom Listings has no obligation to resolve disputes between users or between users and outside parties. To the extent that Telecom Listings attempts to resolve a dispute, Telecom Listings will do so in good faith based solely on Telecom Listing’s policies. Telecom Listings will not make judgments regarding legal issues or claims.
IX. Telecom Listings’s Intellectual Property
The name Telecom Listings and all Telecom Listings graphics, logos, designs, page headers, buttons, icons, scripts and service names are registered trademarks, trademarks or trade dress of Telecom Listings, Inc. in the U.S. and/or other countries. Telecom Listings’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
X. Access and Interference
Telecom Listings may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Telecom Listings is updated on a real-time basis and is proprietary or is licensed to Telecom Listings by its users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Telecom Listings for any purpose whatsoever, except to the extent expressly permitted by Telecom Listings with prior express written permission. Furthermore, you agree that you will not, according to the sole discretion of Telecom Listings:
- Take any action that imposes or has the potential to impose an unreasonable or disproportionately large load on Telecom Listings infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user content;
- Interfere or attempt to interfere with the proper working of the website or any activities conducted on the website;
- Bypass Telecom Listings’s robot exclusion headers or other measures Telecom Listings may use to prevent or restrict access to Telecom Listings.
Without limiting any other remedies, Telecom Listings may, without notice and without refunding any fees, issue a warning to a user, warn Telecom Listings’s community of a user’s actions, delay or immediately remove content, temporarily suspend a user, indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the website, take technical or legal steps to keep a user off the website, and refuse to provide services to a user if any of the following apply:
- Telecom Listings suspects for any reason that you have breached this agreement or any other policy document or community guideline;
- Telecom Listings cannot verify or authenticate any of your personal information or content;
- Telecom Listings believes that you are acting inconsistently with the letter or spirit of Telecom Listings’s policies, that you have engaged in improper or fraudulent activity in connection with Telecom Listings or that your actions may cause legal liability or financial loss to Telecom Listings or its users.
XIII. No Warranty
TELECOM LISTINGS, TELECOM LISTINGS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE TELECOM LISTINGS’S WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TELECOM LISTINGS, TELECOM LISTINGS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TELECOM LISTINGS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
XIV. Liability Limit
IN NO EVENT SHALL TELECOM LISTINGS, AND (AS APPLICABLE) TELECOM LISTINGS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, TELECOM LISTINGS’S SERVICES OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. TELECOM LISTINGS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TELECOM LISTINGS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TELECOM LISTINGS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD TELECOM LISTINGS AND (AS APPLICABLE) TELECOM LISTINGS’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES 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 AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
XVI. No Guarantee
Telecom Listings does not guarantee continuous, uninterrupted access to the website. Operation of the website may be interfered with by numerous factors outside of Telecom Listings’s control.
XVII. Legal Compliance; Taxes
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and any Telecom Listings service and, if applicable, your listing, purchase, solicitation of offers to purchase and sale of items. Furthermore, you are responsible for paying any and all taxes applicable to any purchases or sales of items you make on the website (excluding any taxes on Telecom Listings’s net income).
PayPal will require a 1099-K for any seller that exceeds $20,000 in gross payment volume or 200 payments for products and services in the same year. For more information on how this may affect you, please visit PayPal’s FAQ Page: https://www.paypal.com/us/webapps/mpp/home
If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this agreement shall remain in full force and effect.
XIX. No Agency
You and Telecom Listings are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
XX. Telecom Listings Service
Telecom Listings reserves the right to modify or terminate the Telecom Listings service for any reason, without notice, at any time. Telecom Listings reserves the right to alter this agreement or other website policies at any time. You are encouraged to review the policies frequently. If Telecom Listings makes a material change, Telecom Listings will notify you here, by email, by means of a notice on our home page or other places Telecom Listings deems appropriate. What constitutes a “material change” will be determined at the sole discretion of Telecom Listings, in good faith, and using common sense and reasonable judgment.
XXI. Choice of Law
This agreement shall in all respects be interpreted and construed with and by the laws of the State of Wisconsin, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services), 6 (Content License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Telecom Listings’s Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guarantee), 18 (Severability), 19 (No Agency) and 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Telecom Listings; Attn: Legal Department; 2050 Riverside Drive, Green Bay, WI 54301 (in the case of Telecom Listings) or, in your case, to the email address you provide to Telecom Listings (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Telecom Listings may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Telecom Listings. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Telecom Listings, llc., located at 2050 Riverside Drive, Green Bay, WI 54301. If you are a Wisconsin resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.