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Terms and Conditions

Terms of Use

Welcome to Vangoe.com. By using our site, you agree that this policy is in effect for you at all times. You will be notified by email, if this policy changes, and your agreement to the new policy is agreed upon when you log in.

Accepting these Terms

This document and the other documents that we reference are called our Terms of Use. (hereafter called "Terms"). The Terms are a legally binding contract between you and Vangoe.com. This contract sets out your rights and responsibilities when you use our website and services. By using any of our Services (even just browsing our website), you are agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read our privacy policy.

Your Account with Vangoe.com

You’ll need to create an account with Vangoe.com to use some of our Services. Here are a few rules about accounts with Vangoe.com:

1. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the express written permission and supervision of a parent or legal guardian.

2. You must provide accurate information about yourself. Using false information or impersonating another person or company, will cause your account to be immediately terminated. If your actions broke any laws, we will assist law enforcement in your prosecution.

3. Choose a username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates these Terms and the user will be suspended until the situation is rectified.

4. Account Holder is responsible for the account. You’re solely responsible for any activity on your account. If you’re sharing an account with another person or group, the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to these Terms on behalf of the business. Also, your accounts are not transferable.

5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

6. Be clear about our relationship. Creating an account with Vangoe.com or using our Services makes you an independent contractor with Vangoe.com. No agency, partnership, joint venture, employment or franchisee relationship with Vangoe.com is intended or created by the Terms.

Content

Your Content that you post using our Services is Content. (hereafter called “Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

1. Responsibility for Content. You understand that you are solely responsible for Content. You represent that you have all necessary rights to Content and that you’re not infringing or violating any third party’s rights by posting it.

2. Permission to Use Content. By posting Content through our Services, you grant Vangoe.com a license to use it. We don’t claim any ownership to Content, but we have your permission to use it to help Vangoe.com function and grow. That way, we won’t infringe any rights you have in Content and we can help promote your stuff.

3. Rights You Grant Vangoe.com. By posting Content, you grant Vangoe.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Content to provide the Services and to promote Vangoe.com, or the Services in general, in any formats and through any channels, including across any Vangoe.com Services or third-party website or advertising medium.

4. Reporting Unauthorized Content. Vangoe.com has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please go to the contact us page available at the bottom of any website page. If Content infringes another person’s intellectual property, we will remove it if we receive proper notice.

5. Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Buyer Policy

Vangoe.com is an online website where you can bid on or purchase items directly from sellers around the world. Please read on to find out more about your rights, as well as what is expected of you, as a buyer. This policy is a part of our Terms. By using our website Vangoe.com, you’re agreeing to this policy and our Terms.

Understanding Vangoe.com’s Limitations

Vangoe.com provides a website for buyers to find, bid on and purchase items from sellers around the world. It is important to note, however, that Vangoe.com is not a part of that transaction.

By using Vangoe.com, you understand that: You are not buying directly from Vangoe.com, but from one of the many sellers on Vangoe.com. Vangoe.com does not pre-screen sellers and therefore does not guarantee or endorse any items sold on Vangoe.com or any content posted by sellers (such as photographs or language used in listings or shop policies); and each seller on Vangoe.com accepts different payment methods and has their own processing times, shipping methods, and shop policies. As an account holder of Vangoe.com, you have the opportunity to report an item or a user that violates any of Vangoe.com’s policies. Reporting is absolutely confidential except to Vangoe.com staff.

Communicating with Other Vangoe.com Members

Conversations

You can use Vangoe.com’s "Questions and Answers” section to communicate directly with sellers regarding questions you have about an item or a purchase. You may not contact any user for the following reasons/activities:

Sending unsolicited advertising or promotions, requests for donations, or spam;

Harassing or abusing another member;

Contacting someone after they have explicitly asked you not to; or

Interfering with a transaction or the business of another member.

If you have any reason to believe that you have been contacted in error or in a negative way, please report this to us thru our email system.

Purchasing an Item on Vangoe.com

When you make a purchase on Vangoe.com you understand that each user has its own unique listings, policies, processing times, and payment systems. By making a purchase from a seller on Vangoe.com, you agree that you have completely read the item description and policies before making a purchase and that you will submit appropriate payment for item(s) purchased; and have provided accurate shipping information to the seller.

Reporting Abuse.

If, after completing a transaction, you have an issue. Please use our "Report Abuse” button or please go to the contact us page available at the bottom of any website page. By issuing a report with supporting documentation, you acknowledge that Vangoe.com will make its decisions regarding this issue in the best interest of all parties concerned. Although Vangoe.com is not directly involved in a transaction between a buyer and a seller, we provide a reporting system in the unlikely event your purchase from a seller is not satisfactory.

Returning an Item

Each seller has his or her own return policies, which should be outlined in their Item Listing. Not all sellers accept returns. By purchasing an item from a seller, you agree that you read the terms of sale and you agree to the terms as listed by the seller.

Seller Policy

Vangoe.com is a website where you can auction or sell your items directly to buyers around the world. This policy is a part of our Terms of Use. By using our website, you’re agreeing to this policy and our Terms of Use.

By selling on Vangoe.com, you agree that you will be expected to provide a high level of customer service. By selling on Vangoe.com, you agree to:

Honor your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary. Please check with your local agency for complete requirements. Respond to Conversations in a timely manner. Honor the commitments you make. Provide honest, accurate information in your profile and in your item listings. Honor your Listing Policies, Shipping Terms and provide timely transactions. Accurately represent your items in listings and listing photos. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Vangoe.com. Not engage in fee avoidance. Not create duplicate usernames. Not communicate with other Vangoe.com users unless involved in a transaction with that user.

Contacting a user thru email may not be used for the following activities:

Sending unsolicited advertising or promotions, requests for donations, or spam; Harassing or abusing another user;

Contacting someone after they have explicitly asked you not to; or Interfering with a transaction or the business of another member.

Emails

You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for Vangoe.com-related communications or for Vangoe.com-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s explicit consent, you may not add any Vangoe.com user to your email or physical mailing list or store or misuse any payment information. For more information, please see our Privacy Policy.

Responding to Requests for Cancellations, Returns, and Exchanges

Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.

European Union Right of Withdrawal

Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU user state. The right of withdrawal does not apply to custom items or certain perishable goods. Rights with respect to digital items vary by EU user state. Read more about the EU Right of Withdrawal in this Help article.

Cancellations

If you are unable to complete a transaction, you must notify the buyer and Vangoe.com. You will be required to explain the reason for the cancellation. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event of an issue.

Intellectual Property Policy

Vangoe.com supports Intellectual Property Rights. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how Vangoe.com sellers can respond when their listings or shops are affected by a notice. If you believe there has been a Violation of any Intellectual Property Rights. Please go to the contact us page available at the bottom of any website page.

Prohibited Items Policy

Vangoe.com is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from the Vangoe.com marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Vangoe.com. This policy explains what is prohibited or restricted on Vangoe.com. This policy is a part of our Terms. By opening an Vangoe.com seller account, you’re agreeing to this policy and our Terms.

The following types of items are prohibited or restricted on Vangoe.com:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims

2. Animals and Certain Animal Products

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

4. Hate Items: Items that Promote, Support, or Glorify Hatred

5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

6. Internationally Regulated Items

7. Pornography and Mature Content

8. Violent Items: Items that Promote, Support, or Glorify Violence

Vangoe.com reserves the right to classify any item as prohibited, if it is deemed in our best interest to do same. If you are unsure if the item, you wish to sell or list on our site is prohibited. Please go to the contact us page available at the bottom of any website page. and ask that question before you list the item This will prevent any misunderstandings and subsequent suspension or termination of your account.

If you have any questions, please go to the contact us page available at the bottom of any website page.

Listing Fees, Selling Fees and Account Payments Policy

Sellers may be charged for using some of Vangoe.com’s services. This Fees & Payments Policy explains your fees, bills, and taxes and how to pay them. This policy is a part of our Terms. By using our website, you’re agreeing to this policy and our Terms.

Sellers are required to pay the following types of fees:

Selling or Transaction Fees: 5 % of the final sale price.

Listing Fees Are All FREE, except in the following 3 categories:

Real Estate - one-time Fee of $20.00 per listing. (no selling fee)

Vehicles including Boats - one-time fee of $20.00 per listing (no selling fee)

Heavy Equipment - one-time fee of $20.00 per listing (no selling fee)

Fee Avoidance

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by Vangoe.com and the seller account will be immediately terminated and any amounts owed to Vangoe.com will be immediately charged to the account holders authorized payment service.

Account Payments Policy. Paying your Vangoe.com Bill

All sellers will be automatically billed on the 1st of each month for any balance due (if over $10.00) on their account. Vangoe.com will send you an email requesting payment of your account fees. Sellers may pay their Vangoe.com bill manually by credit card, debit card, or any other authorized payment processor accepted on Vangoe.com or by other means prior to the 1st of each month. You can also review this information by accessing your account on the Vangoe.com site. Any account that is not current in its obligations to Vangoe.com will be subject to being suspended or terminated. All members remain obligated to pay Vangoe.com for all unpaid fees.

Taxes

All sellers are responsible for collecting and paying any taxes associated with using and making sales through Vangoe.com’s services, check with your local tax authorities.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services, which is subject to the Terms and the following restrictions in particular:

1. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Vangoe.com, another Vangoe.com user or a third party.

2. Pay Your Bills. You are responsible for paying all fees that you owe to Vangoe.com. You are also solely responsible for collecting and/or paying any and all applicable taxes for any purchases or sales you make through our Services.

3. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

4. Don’t Try to Harm Our Systems. You will not distribute any virus or other harmful computer code through the Services.

5. Follow Our Trademark Policy. The name “Vangoe.com,” and the other Vangoe.com marks, phrases, logos and designs that we use in connection with our Services, are trademarks and service marks of Vangoe.com in the U.S. and other countries. If you’d like to use our trademarks, please go to the contact us page available at the bottom of any website page.

6. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Vangoe.com (not including Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

7. Talk to Us Online. Vangoe.com will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

Termination of Account

1. Termination by You. You may terminate your account with Vangoe.com at any time. Terminating your account will not affect the availability of some of Content that you posted through the Services prior to termination. Your still responsible for any outstanding balance due on your account.

2. Termination by Vangoe.com. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. Vangoe.com may refuse service to anyone, at any time, for any reason.

3. If you or Vangoe.com terminate your account, you may lose any information associated with your account, including Content.

Discontinuation of Service

We May Discontinue the Services. Vangoe.com reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.

Warranties and Limitation of Liability

Items You Purchase. You understand that Vangoe.com does not manufacture, store or inspect any of the items sold through our Services. We provide the site; the items in our website are owned or produced and sold directly by independent sellers, so Vangoe.com cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Vangoe.com from any claims related to items sold or purchased through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Vangoe.com is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. Please go to the contact us page available at the bottom of any website page, if you find any offensive or inappropriate content.

People You Interact with. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Google, Facebook, Twitter, and Pinterest and others). You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Vangoe.com is not a party to those agreements; they are solely between you and the third party.

Warranties. Vangoe.com is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (1) the Services will be secure or available at any particular time or location; (2) any defects or errors will be corrected; (3) the Services will be free of viruses or other harmful materials; or (4) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Vangoe.com, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Vangoe.com’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Vangoe.com in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

If Vangoe.com gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Vangoe.com (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Disputes with Other Users

If you find yourself in a dispute with another user of Vangoe.com’s Services or a third party, we encourage you to contact Vangoe.com with the details and we will do our best to rectify the situation. We offer no guarantee of any specific outcomes whether bad or good. Vangoe.com will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Vangoe.com has no obligation to resolve any disputes. You release of Vangoe.com from any claims, demands and damages arising out of disputes with other users or parties.

Disputes with Vangoe.com

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.

B. Arbitration. You and Vangoe.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Vangoe.com are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

C. We’re based in Rochester, New York, so any legal action against Vangoe.com related to our Services must be filed and take place in Rochester, NY. That means the seat of any arbitration shall be Rochester, NY. For any actions not subject to arbitration, you and Vangoe.com agree to submit to the personal jurisdiction of a state court located in Monroe County, New York or the United States District Court for the Western District of New York.

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Vangoe.com regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

Finally, Vangoe.com members should be aware that third-party payment processors, such as PayPal, Stripe, Google Wallet, Apple Pay or any other processor, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. Vangoe.com has no authority or control over the independent decision-making of these providers.

Contact Information

If you have any questions about the Terms, please use the contact us button available at the bottom of any website page.

Vangoe, Inc.

311 West Side Drive

Rochester, NY 14624

585-455-1690