Terms & Conditions

ReptileRing.com User Agreement

Introduction

This User Agreement  describes the terms of service on www.ReptileRing.com any of its subdomains or any other Web site on which a link to this agreement appears (collectively, the “Site”). By registering on www.ReptileRing.com, you agree to the following terms with Wilbanks, Inc. doing business as ReptileRing (“ReptileRing.com,ReptileRing.net,ReptileRing.org, “we”, “us” or “our”) regarding use of the Site and the services offered on the Site. Before being permitted to act as a registered user of the Site, you must read and accept all of the terms in, and linked to, this ReptileRing.com User Agreement (this “Agreement”). By accepting this ReptileRing.com User Agreement, you agree that this Agreement, as well as the linked documents made a part of this Agreement such as the Privacy Policy will apply whenever you use the Site and its related services.

As used in this Agreement, “you” or “User” means both (a) the individual now registering as a user of the Site or the existing user of the Site now agreeing to this ReptileRing.com User Agreement, as the case may be, and (b) if applicable, the company or other business or governmental entity specified by you upon registration (any such entity, “your Company”). You and your Company, if any, are jointly and severally liable for your obligations under this Agreement.  Your electronic acceptance of this Agreement on the web site on which it is displayed shall constitute your acceptance of all terms and conditions of this Agreement and such acceptance shall have the same legal force and effect as if you had physically signed such Agreement. You agree to the admissibility of computer records and electronic evidence in any dispute under this Agreement.

The USER AGREEMENT constitutes the entire agreement between you and ReptileRing and governs your use of the Service, super ceding any prior agreements between you and ReptileRing. The User Agreement and the relationship between you and ReptileRing shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and ReptileRing agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oklahoma, Oklahoma. The failure of ReptileRing to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

By registering and entering into this User Agreement, you agree and acknowledge that we are not a traditional auctioneer. The Site is only an advertising venue for the sale of reptiles and reptile supplies by means of an electronic bidding format. We are not involved in the actual transaction between buyers and sellers.  It is the responsibility of the actual parties to the transaction to file fraud reports with the FBI.  We will cooperate fully with any investigation to ensure that fraudulent activity is prosecuted.

Changes to Agreement. We reserve the right, in our sole discretion, to amend and supplement this Agreement (including the Privacy Policy and any other document incorporated herein), at any time, by posting the revised Agreement to the Site without further notice to you. Your continued use of the Site after such changes are posted will constitute your agreement to such amended Agreement, other document, or additional terms and conditions. This Agreement may not be amended by you other than in a writing signed by both parties, and for purposes of this sentence, “writing” does not include email, and “signature” does not include an electronic signature.

Privacy. We do not use your personal information to send you marketing emails without your explicit consent. We also do not sell or rent your personal information to non-affiliated third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy. You can access and modify the information you provide us and choose not to receive certain communications by modifying your preferences. For a complete description of how your personal information may be used on the Site and your choices in this regard, please see the ReptileRing.com Privacy Policy. We retain information provided by users at the time of registration, and all information regarding transactions on the Site. Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy please do not register or use our services.

Third Party Websites. The Site may contain links to third party websites as well as third party advertisements. ReptileRing.com is not responsible for and has no liability for the privacy or other practices of any such third party. We recommend that you review the privacy policies of each website you visit.

Registration

Use of Our Services. Our services are only available to individuals who can form legally binding contracts under applicable law. This Site provides a forum for buyers and sellers to engage in transactions for products related to Reptiles and Reptile products. We are not involved in the transactions between buyers and sellers ourselves and we are not responsible for the outcome of a transaction except to the extent described in these rules and in the User Agreement.

Auctions. We provide an advertising venue for sellers to list and sell Items and buyers to bid on and purchase Items. We do this through an auction-like format, although we are not auctioneers. When a seller lists an Item, the seller provides basic information about the Item, sets out the terms of the sale (which may vary from the basic terms in these rules in some instances), and the seller may, if he chooses, set a reserve price, a minimum bid or starting bid. Below you will find further information and rules on selling and bidding on the Site.

The winning bidder is the highest bidder on the Item, or in the event of a tie, the bidder who placed the highest bid first. In the case of a reserve price auction, a bid is only a winning bid if it meets or exceeds the reserve price on the Item.

Registration Eligibility.  By registering for an account or using the Site, you agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties.  If you registered your Company, you represent that you have written or other sufficient corporate authority to form binding contracts under applicable law on behalf of your Company each time that you use the Site.

Registration Accuracy.  In order to use our Site you must first Register.  You must provide true and accurate User Information about yourself in the registration form.  It is your responsibility to keep this information up-to-date.  It is a violation of U.S. federal law to make bids in a false name or with an invalid credit card, even if our software initially accepts such a bid.  Please be aware that even if you do not provide your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you.  Do not test our auctions with false bids.  This puts you at substantial personal legal risk.  Fraudulent bidders will be prosecuted to the fullest extent of the law.  Currently, various state, federal and international law enforcement agencies, including the U.S. Department of Justice, Federal Bureau of Investigation (FBI) and the U.S. Secret Service, have become involved in investigating Internet fraud cases.  We will prosecute fraudulent bidders and sellers.

Member Account, Password and Security. When you register, you will choose a User ID and a password. You are responsible for maintaining the confidentiality of your User ID and your password. You are also entirely responsible for any and all activities that occur under your User ID and password. You must notify us immediately if you become aware of any unauthorized use of your User ID and password or any other breach of security relating to Your User ID and password and the Site.

Termination and Suspension. We agree to provide you access to the Site and the services available on the Site only as authorized in this Agreement. We reserve the right to reject your user registration by disabling your registered account. Even after acceptance, we may terminate or suspend your account and ability to use the Site in our sole discretion, with or without cause and without prior notice to you. If we believe that your membership is detrimental in any way to ReptileRing.com we will terminate your membership immediately.  If we believe your actions may cause us or other users legal liability, harm, or loss, we reserve the right to notify other users of your actions.

Should you object to any of the terms of this Agreement or any subsequent modifications thereto or become dissatisfied with the Site and related services in any way, your only recourse is to immediately: (1) discontinue use of the Site and services; (2) terminate your membership; and (3) notify us of termination. You may terminate this Agreement and your account with us only if you do not have active transactions on the Site and if your account is paid in full. At any such time, you may terminate this Agreement and your account by notifying us in accordance with the Notices section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for one year. In the event your account is closed or terminated it will be marked inactive in our systems, but we cannot delete your user information or transaction history.

Posting

Postings by Users. We provide sellers with tools and instructions for posting items for sale on the Site (each such item, a “Listing”). In addition, buyers, sellers or registered users may communicate with other users on the Site or post text, graphics, pictures and other content on the Site (any such material, “Postings”). We have the right, but not the obligation, to monitor, edit, refuse to post, or remove any Posting or Listing from the Site, at our discretion. Notwithstanding this right, we are not responsible for the content of Listings or Postings posted by Users. Monitoring of Postings and Listings by us is not intended to verify the accuracy of the information contained therein and should not be relied upon by you for any purpose.

Sellers' Rules

Listing. Once you list an Item for auction it becomes an irrevocable offer to sell the Item to the winning bidder. An auction is not a classified advertisement.  Therefore, once an item is listed for auction, you may not end the auction early to sell the item before the auction ends.  You are making a commitment to the community here that you will see the auction through to the end and live with the results however monetarily good or bad you may feel they are for you.  Once there is a winning bid, you have a binding legal agreement to sell the listed Item to the winning bidder under this Terms and Conditions. Once you list an Item and receive a winning bid, you cannot withdraw it from sale. Please carefully consider these obligations before you place an Item for auction.

Note that under our Privacy Policy, by listing an item, you authorize us to release your contact information, including your name, address, email address and telephone number (in addition to any other information provided by you in your listing), to the bidders who place bids on the Item you list.

Listing Content. A Listing must offer a specific product or service at a specific price. Any Listing we consider to be general advertising instead of an offering of a specific product or service may be removed at our sole discretion. We reserve the right to edit (but have no obligation to do so) or remove an auction Listing for violations of law, violations of this User Agreement, or in our sole discretion. We may move a Listing to another category if we consider the Listing inappropriate for the listed category, so put your Listings in the most appropriate category. You hereby grant to us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to exercise the copyright, publicity, and database rights you have in any Listing, Posting or content you post to the Site, in order to allow us to (i) list the content on the Site, (ii) update or improve the Site and any relevant Services, and/or (ii) make use of such Listings, Postings or content for uses related to the Site including electronic or print publications, reference materials or reports to third parties regarding sales and listings on the Site. (Any such publications or reports made available to third parties, other than in the context of law enforcement, will not include any user’s personal information.)

Your description of the Item must be accurate and truthful. Adding additional unrelated keywords to your Listing to make it appear through our search facilities is prohibited. Item titles may not be in ALL CAPS. We do not allow the posting of multiple Listings for the same item; excessive duplicate Listings may be removed at our sole discretion without notice.  You must give an accurate and true description of the delivery area that you can fulfill.

Free Riders  Free riders are sellers who only come here to post auctions or advertisements to sell to the customers here without regard to the community involved in building a market site like ReptileRing.  Sellers who market animals on the site without further sharing their auctions on social media(Facebook,Twitter,Google+,etc.) to help grow the community of buyers will be considered "free riders".  We, may, at our sole discretion revoke the selling privileges of any seller deemed by us to be a "free rider".  Sellers are encouraged to help grow the community here by sharing their own auctions on social media.  There is no obligation for a seller to share another sellers auction or advertisement on social media.  This responsibility should be thoroughly understood before entering into this user agreement and posting any advertisement to the site.

Prohibited Listings. You must have the legal right to sell any Items you list on our Site.  Any animal that is illegal to own or transfer is prohibited from listing on ReptileRing.com.  We will cooperate fully with USFWS and any other state wildlife service in the investigation of any illegal listings, postings or sales.  All of your information will be provided to law enforcement authorities upon request.  Venomous reptiles are prohibited from advertisement on ReptileRing.  Any listed item must be posted in the appropriate category.  If an item does not have an appropriate category on the site, then the item may not be posted.  Categories may be added upon written request.  All final decisions about wether an item or animal is prohibited from listing will be made by us.  Only Reptiles and Reptile related products may be posted on ReptileRing.  Your Listing may not be defamatory, libelous, threatening or harassing; and it may not contain obscenity or child pornography.

Promotion  We as sellers are building the Reptile Ring together.  Each seller has a responsibility to help promote the site in a positive manner.  Sellers promoting other auction sites will have their sellers account terminated without warning or debate.  Promoting and posting to competitor auction sites is counter productiove to building this worldwide site.  

Viruses, Malicious Software, Etc. You may not use the Site to distribute viruses or other technologies that may harm the Site or the interests or property of us or of any other User.

Buyers' Rules

Bidding. If you place a bid on an Item it is an irrevocable offer to buy the Item at the price in the bid. If you place the winning bid, you have a binding legal agreement with the seller to buy the Item at the winning bid price in compliance with the terms in the Item listing and according to this User Agreement. You must resolve any questions you have about the Item by contacting the seller of the Item before placing a bid. Do not place a bid until you are sure that you understand what you are bidding on, where the seller can deliver and, if necessary, after you have received answers to any questions you have from the seller.

Once a bid is placed, you may not cancel or retract the bid without the permission of the seller. The seller is not obligated to grant permission to retract or cancel a bid, and this Site will not request permission from the seller for a bid retraction or cancellation on your behalf. Any bid cancellation must be agreed upon between bidder and seller without assistance from the Site.

Bidding is subject to bid increments and Items may be subject to a minimum bid.

Note that under the Privacy Policy, by bidding on an Item, you authorize us to release your contact information, including name, address, email address and telephone number, to the seller who listed the Item.

Payment. This Site does not accept payment in any form for any Items. Bidders must remit payment directly to the seller for any Item won. If you pay us for an Item you won, we may deduct from that payment any fees or costs (such as check fees and/or credit card transaction fees) we incur as a result of receiving your payment and having to refund your payment.

Terms of Sale

It is the responsibility of each seller to clearly describe their acceptable forms of payment, refund policy, shipping policy and any other terms of sale.  Bidders/Buyers are encouraged to perform due diligence about any seller posting on ReptileRing.  

Auction Closing.  All of the auctions on ReptileRing are “overtime auctions”.  Auction listings display the scheduled closing time for the auction. If there is bidding activity on the auction within 5 minutes of when the auction is scheduled to close the auction is automatically extended until there have been no bids placed within 5 minutes. When 5 minutes have passed with no bidding activity, the auction closes and the winner is declared.

Transactions on the Site

Account Fee For Buyer's accounts there is a $1 Registration Fee.  This is a nominal fee charged to establish the bidder's ability to pay.  There will be a $500 account initiation fee to start a new seller account.  After the initial fee, the annual fee will be $200 due each calendar year on January first to continue your seller account.  These fees are NON-REFUNDABLE if your account is terminated for violation of these TERMS AND CONDITIONS.   This is a community different from a normal classified website in that we are all trying to build the customer base together.  The founders have contributed a significant financial investment and customer base to help every seller succeed.  The primary goal of the site is to grow a community of like minded buyers and sellers to stabilize the market.  It is the responsibility of every seller to contribute to this endeavor.  In order to be eligable to have a seller account you must first win 10 (ten) auctions.  

Fees. You agree to pay the applicable fees for using the Site, and you understand that ALL FEES PAID TO US ARE NON-REFUNDABLE.   The Listing fee for and Auction or Classified ad is $1 for the basic listing with optional ad enhancements available at the time of listing.  All listing fees are due at the time of listing and the ad or auction will not be visible until the listing fees are processed.  Classified ads are simply private transactions and there are no other fees associated with a classified ad.  Auctions will have a fee due at the successful conclusion of the auction equal to 5% of the final sales price.  These fees will be due on the Friday following the conclusion of the auction or at the time a new listing is posted.  Normally, we will process all invoices for listing fees each Friday.  If you have a credit card set up on your account, we can process your fee payment automatically.  If you only have Paypal, you will receive an email each Friday with the total invoice for your listings on ReptileRing.  Payment of this invoice is due before the next Friday when new invoices will be sent.  Accounts not paid after three (3) billing cycles are subject to suspension on the 4th attempt to request payment.  These fees are low and the invoice totals will likely never be very much, so please pay in a timely manner so we can continue to provide you service.

  

We may add, delete or change some or all of our services and fees at any time in our sole discretion, and any such change will take effect without further notice to you. It is your responsibility to check these Terms and Conditions before you engage in a transaction. Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur when you bid, buy, list or otherwise access our Site. ANY AND ALL PAYMENTS MADE TO US ARE NON-REFUNDABLE. This rule applies whether or not the Item sells.

Past Due Accounts. If a seller’s account is past due, we reserve the right to void, suspend and/or terminate his or her auction listings, and may terminate his or her account. If your account is more than 30 days past due, we reserve the right to report this transaction history to credit agencies, as well as to void promotional offers, including free or discounted listings. Accounts that are, or have been, past due will have their credit limit reduced to zero and past due balances will be subject to a late fee of 1.5% per month or the highest amount permitted by applicable law, whichever is lower. If you fail to pay the past due amounts, we may turn your account over to a collection agency and we reserve the right to pursue civil and criminal legal actions to the fullest extent allowed under the law. If your account is past due, you also must pay any and all collection costs (including collection agency fees, court costs and legal fees) we might incur in connection with your past due account.

Buyers and Sellers.

a. Buyer Undertakings. Placing a bid constitutes entering into a binding legal contract with the seller to purchase the Item on the terms stated in this Agreement and in the Listing, if your bid is the winning bid. You agree that if your bid is the winning bid, you will complete the purchase of the Item on such terms. All payments for Items purchased on the Site shall be remitted to the seller (we do not accept payment in any form for the Items bid on by buyers). You agree that you will not bid on any Item unless the transfer and transport of that Item to you can be done in accordance with all Legal Requirements. You represent and warrant that you are bidding on all Items only for your own account and not for the benefit of any third party.  You, as a buyer, accept the absolute obligation to read the description carefully and be clear that the seller can ship today BEFORE you place a bid.  

b. Seller Undertakings.

(i) Listing an Item constitutes entering into a binding legal contract with the buyer to sell the Item on the terms stated in this Agreement and in the Listing, if the buyer’s bid is the winning bid. You agree to complete the sale of all listed Items on such terms.

(ii) You represent to us that (A) you have the legal right to sell the Items you list, and (B) the sale of your Items on the Site will not (1) be fraudulent or involve the sale of counterfeit or stolen items, (2) shall not infringe any parties’ copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (3) violate any Legal Requirement (including without limitation those Legal Requirements governing export or import control, consumer protection, unfair competition, anti-discrimination or false advertising).

c. Legality of Purchase and Shipment. If you sell or purchase Reptiles on the Site, you agree to comply with all applicable Legal Requirements governing the specific requirements for transfer and shipping of the specific species of reptile you are shipping.  You covenant and agree that: (1) you will comply with all applicable Legal Requirements (as defined above) in listing, selling, purchasing, transferring and shipping Items; (2) you shall be solely responsible for compliance with all applicable export or import controls with respect to these transactions with respect to Items purchased or sold by you, (3) you shall comply with all Legal Requirements regarding the reporting, collection, withholding and payment of all taxes and duties applicable to the sale, export and transport of each Item; (4) you shall not engage in bid rigging or sale price manipulation of any kind on any Item.

Intellectual Property

Use of Content. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site (collectively, the “Content”) are intended solely for personal, non-commercial use in connection with the services provided on the Site. No right, title or interest in any materials or software is transferred to you as a result of any use by you. You may not download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Site or any related software. All software used on the Site is the property of ReptileRing.com or its licensors and suppliers and protected by U.S. and international copyright laws. The Content and software on the Site may be used only as a resource for the marketing, sale and purchase of reptiles and reptile supplies and other items on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited.

Submissions. All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain ReptileRing.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in and to all copyrights and other intellectual property in the Comments. As a result, we will own exclusively all such right, title and interest and will not be limited in any way in our use, commercial or otherwise, of any Comments.

Our Limits of Liability

DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, LISTINGS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY ITEMS POSTED ON THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF ReptileRing.COM, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “WILBANKS,INC. PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR SERVICES, OR RELATED TO THE INFORMATION, CONTENT AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE SITE, BY ANOTHER USER OR BY UNAUTHORIZED ACCESS TO THE SITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE WILBANKS,INC. PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OR (B) US$100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.

Indemnification: You shall indemnify, defend and hold the Wilbanks,Inc Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a Wilbanks, Inc. Party in connection with any claims arising out of, based upon or resulting from any of the following, whether by you or by a third party using your log-in: (a) any breach or violation of this Agreement, (b) any use of the Site, (c) a dispute with another User, (d) any violation of any applicable law or regulation governing Your activities on or off of the Site, or (e) the infringement of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.