RULES  FOR  PARTICIPATION  IN  4Sale$NAWCC

Classified ads will initially be limited to individual NAWCC member listings. These are free of charge up to 5 ads. Additional ads (over five) can be displayed, but they will be charged a fee. Business commercial classified ads will be charged based on a fee schedule.

All auctions will be charged a fifteen cent ($0.15) listing fee, plus 3% of final sales amount.

CONTENTS

1) WHO IS ELIGIBLE TO USE 4Sale$NAWCC:

 a) Only NAWCC members in good standing may list items on 4Sale$NAWCC.

b) Registered public users may purchase items via 4Sale$NAWCC but may not list items.

All users, whether to post ads or to buy, must register.

2) REQUIREMENTS FOR ADS:

a) Each non-commercial member may post up to 5 individual classified ads free of charge.

b) Ads must be for the purpose of buying, selling, or trading of horological items only. Ads must not encourage the scrapping of timepieces.

c) Items for sale or trade must be adequately and individually described regarding condition and originality, including whether they are reproductions or replicas. All known defects must be clearly described, and ads should be edited as needed to ensure accuracy and completeness of descriptions.

d) Ads must clearly state a date of availability if not immediately available when the ad is posted.

e) Selling or starting prices for all items for sale must be clearly stated.

f) Links from current 4Sale$NAWCC listings to other active online auction listings are not allowed. You may not use 4Sale$NAWCC listings to promote your other online auctions or sales.

g) Items wanted ads must be for specific items and may not be repeated in other NAWCC Classified areas. Please do not post multiple generic ads based on style or manufacturer.

3) CONDITIONS FOR USE OF 4Sale$NAWCC:

a) Users may choose how long their ads will remain posted for a preset number of days, after which time they will be automatically deleted. However, all Sellers / Buyers are requested to delete their ads as soon as their items have been sold or purchased.

b) Users may delete an ad at any time prior to bidding. However, you may not re-post that ad or similar material for the purpose of gaining higher visibility on the list unless you have received the 7 day notice of the ad's expiration.

c) Unless other arrangements are made at the time of sale, advertisers must provide an unconditional return privilege for five (5) business days after receipt of merchandise. Buyers must notify seller and immediately return merchandise in as-received condition, paying return postage and insurance if necessary.

d) Unless stated otherwise, sellers will accept payments via PayPal. When a deal has been closed, Buyers must pay according to terms specified by Sellers.

e) Any dispute or complaint regarding any transaction should be promptly reported to us using our disputes resolution process.  Directions for using this process are found on the Customer Support help page.

4) GENERAL CONDITIONS

a) NAWCC and the 4Sale$NAWCC Administration reserve the right in their sole discretion to reject, remove, edit, or otherwise refuse to publish any advertisement without recourse to the NAWCC. All advertisements received are subject to this condition.

b) Statements of opinion or fact appearing in 4Sale$NAWCC are accepted as the advertiser's own. NAWCC assumes no responsibility for the accuracy and correctness of any statements of 4Sale$NAWCC advertisers. Neither the NAWCC, nor its Officers, nor the 4Sale$NAWCC Administration, nor any of its employees shall be responsible for any losses or misunderstandings arising from any of these listings.

c) Sellers agree to abide by the NAWCC Member Code of Ethical Conduct.

OUR POLICIES

4Sale$NAWCC's policies are rules that help to create a safe, fair and enjoyable trading environment for all 4Sale$NAWCC members. As a seller, you are responsible for reviewing and understanding 4Sale$NAWCC’s selling policies, as well as all applicable laws and regulations.

Policies and guidelines specifically related to selling an item involve:

Prohibited and restricted items: What items can and cannot be listed. 4Sale$NAWCC’s restrictions are based on country and state laws, including copyright or trademark laws. However, many restrictions involve the sale of controversial or sensitive items and are not necessarily prohibited by law.
    
Listing practices/ Actions that are not allowed in listings

To promote a safe, fair and enjoyable trading experience, 4Sale$NAWCC has established a set of standards and guidelines for listings and other 4Sale$NAWCC content. These include policies restricting the use of profanity, HTML and JavaScript, and links. 4Sale$NAWCC’s listing policies also provide guidelines on how certain items may be listed and described. For example, using brand names or other words inappropriately for the purpose of attracting buyers to a listing (called keyword spamming) is not allowed. Listing policies also include prohibiting practices that would circumvent 4Sale$NAWCC fees. You should familiarize yourself with 4Sale$NAWCC's listing policies before posting an item.

Disallowed Practices

For example, accepting payment and sending an item that is different from the item described in the item listing is not allowed.

Violation of 4Sale$NAWCC policies can result in a range of actions, including:

• Listing cancellation
• Forfeit of 4Sale$NAWCC fees on cancelled listings
• Limits on account privileges
• Account suspension
• NAWCC Member Code of Ethical Conduct

When policy violations occur, 4Sale$NAWCC emails the seller, as well as bidders, that a listing has been ended. Learning about 4Sale$NAWCC's selling policies before you list an item will help you to avoid unintentionally breaking rules (including the law). 4Sale$NAWCC’s selling policies are updated to respond to marketplace, community and security issues, so it is important to check them regularly for changes.

Your User Agreement

The following describes the terms on which 4Sale$NAWCC offers you access to our services.

Introduction

By using 4Sale$NAWCC, its related sites, services and tools, you agree to the following terms with NAWCC Inc. and the general principles for the websites of NAWCC and our affiliates.

This Agreement is effective on June 1, 2010, for current users, and upon acceptance for new users.

Scope

Before you may become a member of 4Sale$NAWCC, you must read and accept all of the terms in, and linked to, this User Agreement and the 4Sale$NAWCC Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use 4Sale$NAWCC or when you use the tools we make available to interact with 4Sale$NAWCC sites and services.

While using 4Sale$NAWCC sites, services and tools, you will not:

• post content or items in an inappropriate category or areas on our sites and services;
• violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
• use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
• fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
• fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
• manipulate the price of any item or interfere with other users' listings;
• circumvent or manipulate our fee structure, the billing process, or fees owed to 4Sale$NAWCC;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine any feedback or ratings systems;
• transfer your 4Sale$NAWCC account and user ID to another party without our consent;
• distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm 4Sale$NAWCC, or the interests or property of 4Sale$NAWCC users;
• export or re-export any 4Sale$NAWCC tools except in compliance with the export control laws of any relevant jurisdictions;copy, modify, or distribute rights or content from 4Sale$NAWCC, or NAWCC copyrights and trademarks;
• or harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing 4Sale$NAWCC

4Sale$NAWCC and our users work together to keep our sites and services working properly and our users safe. Please report problems, offensive content, and policy violations to us.

4Sale$NAWCC will take reasonable measures within its power 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 us and we will investigate.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our site and its content, services, and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites 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. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue 4Sale$NAWCC sites, services, or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by 4Sale$NAWCC are exciting, rewarding, and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the NAWCC Member Code of Ethical Conduct with respect to claims.

We require 4Sale$NAWCC sellers to comply with our resolution process. Sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with 4Sale$NAWCC under the NAWCC Member Code of Ethical Conduct. For transactions paid with PayPal, sellers agree to allow PayPal to remove funds from their PayPal accounts to reimburse buyers. We may suspend or restrict sellers from trading on our sites until payment is made.
 

Fees and Services

Registering for 4Sale$NAWCC and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least 14 days' notice by posting the changes on the 4Sale$NAWCC site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content

When you give us content, 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 (but no other rights) you have in the content, in any media known now or in the future.

Limitation of Liability

You will not hold 4Sale$NAWCC responsible for other users' content, actions, or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy horological items and materials, at anytime, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats, and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the 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.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the Pennsylvania Commercial Code, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services, or tools, and operation of our sites, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services, and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under 4Sale$NAWCC Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) 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.

Access and Interference

The site contains software designed to limit and exclude robot data collection. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to 4Sale$NAWCC by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access the sites for any purpose without our express handwritten permission.

Additionally, you agree that you will not:

• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of 4Sale$NAWCC and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services, or tools, or any activities conducted on or with the sites, services, or tools;
• or bypass any robot exclusion measures we may use to prevent or restrict access to the sites.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the 4Sale$NAWCC Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the 4Sale$NAWCC Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, 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 your violation of any law or the rights of a third party.

No Agency

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

Notices

Except as explicitly stated otherwise, legal notices shall be served on 4Sale$NAWCC's national registered agent (in the case of 4Sale$NAWCC) or to the email address you provide to 4Sale$NAWCC during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Resolution of Disputes with 4Sale$NAWCC

If a dispute arises between you and 4Sale$NAWCC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and 4Sale$NAWCC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Pennsylvania , without regard to conflict of law provisions. You agree that any claim or dispute you may have against 4Sale$NAWCC must be resolved exclusively by a state or federal court located in Lancaster, Pennsylvania, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Lancaster County, Pennsylvania for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against 4Sale$NAWCC must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, 4Sale$NAWCC may recover attorneys' fees and costs, provided that 4Sale$NAWCC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Each of these policies may be changed from time to time. Changes take effect when we post them on the 4Sale$NAWCC site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

4Sale$NAWCC is owned and administered by The National Association of Watch and Clock Collectors, Inc.(NAWCC), located at 514 Poplar Street, Columbia, PA 17512. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.

Accepted Payments Policy

Our Accepted Payments policy helps ensure that buyers and sellers on 4Sale$NAWCC are offered safe, convenient payment options.

For most categories, sellers need to offer one or more of the following electronic payment choices:

• PayPal
• Credit card or debit card processed through the seller's Internet merchant account

Payment methods not allowed on 4Sale$NAWCC:

• Send cash through the mail
• Send cash or money orders through instant, point-to-point cash transfer services (that are not banks) such as Western Union or MoneyGram
• Mail checks or money orders (except for items in NAWCC member to NAWCC member sale)
• Pay through bank-to-bank transfers (except for items in NAWCC member to NAWCC member sale)
• Pay by "topping off" a seller's prepaid credit or debit card
• Pay using online or other payment methods not specifically permitted in this policy

We discourage use of any of the payment methods described above.

Authenticity disclaimer policy

Policy overview

Sellers should make sure that their items are authentic before listing them on 4Sale$NAWCC. Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items they offer in their listings. If a seller cannot verify the authenticity of an item, it can‘t be listed on 4Sale$NAWCC.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

Sellers can use statements like these to describe an item they know is authentic:

 "Guaranteed authentic."
"100% authentic or your money back."

Not Allowed

Sellers are not allowed to:

• List items that aren't authentic
• List items if they're not sure if they are authentic

In addition, sellers can't disclaim authenticity of their item by stating, for example:

• "I cannot guarantee the authenticity of this item, so please bid accordingly."
• "Vintage Seth Thomas???"
• "Looks like this could be a Hamilton Ventura."
• "I believe this was built by Patek Phillipe, but I can’t be sure."
• "I got this from an estate sale, so I have no idea if it’s real or not."
• "The clock dial looks real to me."

Shill bidding policy

Shill bidding is bidding that artificially increases an item’s price or desirability. It’s also bidding by the people the seller knows—including family members, roommates, or employee—who could have certain information about the item that other members aren’t aware of. To make sure no one gets an unfair advantage, we don’t allow shill bidding on 4Sale$NAWCC.

If you sell an item using a classified ad, keep in mind that fixed price purchases can't be used to increase a member's Feedback ratings or search standing. If you violate this policy, you may be suspended from using our site.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

If you think someone is breaking the rules, report it to us. Be sure to provide the offender's user ID and the item.

Unpaid item policy

When a buyer wins an auction or otherwise purchases an item, they're obligated to complete the purchase by sending full payment to the seller.

If a buyer doesn't pay within 4 days, sellers can open an unpaid item case in the Resolution Center. If the buyer still doesn't pay or reach some other agreement with the seller, 4Sale$NAWCC may record the unpaid item on the buyer's account.

When an unpaid item case closes without payment from the buyer, sellers are eligible to receive a final value fee credit to their 4Sale$NAWCC seller account. Also, if they relist the item and it sells the second time, 4Sale$NAWCC may refund the insertion fee for the relisting. Learn more about how the free relist policy works.

Unpaid items on a buyer's account may result in range of action, including limits on buying and selling privileges or suspension of the account.

If you've placed a winning bid, you've committed to purchasing that item. If you don't pay for it, even if you've changed your mind, you violate the unpaid item policy.

Images and text policy

4Sale$NAWCC members are not allowed to use images—including photos and other pictures—or text they didn't create themselves. Exceptions to this policy would be if they are authorized to do so by the owner, its agent, or the law.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

What are the guidelines?

You should use your own pictures and text when creating a listing. If you're using someone else’s photos and text, make sure you're authorized to do so.

Allowed
 

• Photos and text you created yourself
• Photos and text authorized by owner

Restricted
    
You can use the following only if you're authorized to do so by the owner, its agent, or the law:

• Stock photos and text
• Information on product packaging

It’s usually OK to use information such as measurements, weight, or other item specifications that are necessary to describe the item and simply can’t be said any other way. However, you should avoid using any other text from product packaging unless you are authorized to do so by the owner, its agent, or the law.

Not allowed

You're not allowed to use the following if you're not authorized to do so by the owner, its agent, or the law:

• Photos and text from other 4Sale$NAWCC users
• Photos and text copied from websites
• Scans from catalogs or advertisements

User-to-user contact policy

Registered users can send messages to each other through 4Sale$NAWCC. We encourage open communication between our users but we don't allow our users to abuse these options by sending spam or threats.

Make sure you follow these guidelines. If you don't, you may be subject to a range of actions, including limits of your buying and selling privileges and suspension of your account.

Please remember that we don't have control over communication unless it takes place through 4Sale$NAWCC. Also, posts about 4Sale$NAWCC on the NAWCC Message Board aren't covered by this policy.