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Terms of Use

Last Updated: January 1, 2010

This Agreement ("Agreement" or "Terms of Use") sets forth the legally binding terms and conditions for your use of the website located at http://www.neerg.com (the "Site") and all services provided by neerg, Technologies, Inc. ("neerg" or "we") on the Site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, buying or selling on the Site, and contributing content to the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE, DO NOT USE THIS SITE IN ANY MANNER.

We reserve the right to change this Terms of Use at any time. You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of this page. Any changes to this Agreement will become effective upon our posting of the revised policy on the Site. Your use of the Site following such changes constitutes your acceptance of the revised policy.

1. USER ELIGIBILITY

Age. Our Site is not directed to children under the age of 13 and we request that such individuals do not submit personal information to the Site. For more information, see our Privacy Policy.

Compliance. You shall comply with (a) all applicable domestic and international laws, statutes, ordinances and regulations governing your use of the Site and (b) this Agreement and neerg's other policies, including without limitation the documents listed below and all other policies that may be published from time to time on the Site by neerg, each of which is incorporated herein by reference and each of which may be updated by neerg from time to time without notice to you:

• FAQs

• Privacy Policy

• Copyright and Intellectual Property Policy

Account Information. If you wish to (a) purchase any products from a merchant, (b) set up a shop to sell products to buyers or otherwise sell products, (c) send a message to another user, (d) join a group, or (e) provide any blog posts, feedback, comments or other "User Content" (as defined below), you must register with neerg and create a user account. You represent and warrant that any information you submit is truthful and accurate and that you will update such information when it changes.

Account Security. During the registration process, you must specify a user name, valid email address, and a password. If you are a merchant, you will be asked to provide additional information. You, and not neerg, are solely responsible in all respects for all use of (including any unauthorized use) of your account and for protecting the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your user account and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused.

Account Transfer. You may not transfer or sell your neerg account 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.

Right to Refuse Service. neerg reserves the right, in neerg's sole discretion, to cancel unconfirmed or inactive accounts or to refuse service to anyone, for any reason, at any time.

2. NEERG IS A VENUE

neerg acts as a venue to allow users to, among other things, offer, sell and buy certain environmentally-friendly "green" goods within a fixed-price format. neerg is not directly involved in the transaction between buyers and merchants, therefore neerg does not transfer legal ownership of items from the merchant to the buyer or at any time own any items bought or sold on the Site. neerg does not pre-screen users or the content or information provided by users. As a result, you acknowledge and agree that neerg has no control over the identities of users the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of merchants to sell items or the ability of buyers to pay for items.

3. LISTING AND SELLING

Listing. Each merchant represents and warrants that it and all items offered by it through the Site will be in compliance with all of neerg's published policies and all applicable local, state and federal laws and regulations, including, without limitation, product safety and industry-specific laws and regulations. You must accurately describe your item and the terms of sale for such item. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Items must be listed in an appropriate category with appropriate tags. Each unique item must have its own listing.

Amazon Payments Service. neerg offers you an easy and safe way to buy or sell online. We've partnered with Amazon Payments to provide fast and secure payment processing. If you choose to purchase products on the Site, you must have an Amazon.com account. At checkout, you'll be asked to enter your Amazon.com email address and password. You'll be able to easily and quickly access your Amazon.com account information from Amazon.com and return to the Site to complete your purchase.
If you choose to sell products on the Site, you must have an Amazon Payments business account in which to receive money, authorize payments, manage refunds and conduct other business. When you set up your shop or list your item(s), we will ask that you set up payment information where you will associate your item(s) with an Amazon Payments business account. If you do not yet have an Amazon Payments business account, you may convert an existing Amazon.com account or you may create a new Amazon Payments business account.
neerg is not responsible for the content, operation or functionality of the Amazon Payments service. Any issues with the operation of the Amazon Payments service should be directed to Amazon's support personnel in accordance with the terms of the Amazon Payments service. All use of the Amazon Payments service is subject to the Amazon Payments User Agreement.

Shop Policies. Merchants who set up neerg shops must post policies for their neerg shop. Merchants must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with neerg's Site-wide policies. Merchants are responsible for enforcing their own shop policies. neerg reserves the right to request that a merchant modify a shop policy.

Fee Avoidance. Merchants may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Merchants may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding transaction fees.

Taxes. You are be responsible for paying any and all taxes applicable to any purchases or sales of items you make available on the Site. neerg does not collect or remit sales tax on behalf of merchants, and each merchant agrees to indemnify and hold neerg harmless from and against any liability for sales tax associated with any transactions.

4. FEE POLICY

Joining and setting up a shop on neerg is free. neerg does not charge fees for listing an item for sale. Neerg charges are fee (currently 7.5% of the total sales price, inclusive of taxes and shipping), when an item is sold. Merchants are responsible for all fees and taxes, including neerg. Merchants are also responsible for all fees associated with Amazon Payment Services.

If neerg terminates a listing or your account, if you close your account, or if the payment of your neerg fees cannot be completed for any reason, you remain obligated to pay neerg for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact us.

By using the Site and registering as merchant, you agree to be bound by the terms and conditions of our fee policy. neerg's fees are subject to change at any time at our sole discretion; material changes to the fee policy will be provided to all merchants at the e-mail address set forth in such merchant's user account and will be effective on the date such email is sent. neerg may choose to temporarily change fees for promotional events; such changes are effective when neerg posts the temporary promotional event on the Site. neerg may, at neerg's sole discretion, change some or all of neerg's services at any time. In the event neerg introduces a new service, the fees for that service will be posted on the site and are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars.

5. INTELLECTUAL PROPERTY

Site Content. All content on the Site, including but not limited to names, trademarks, trade dress, designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), is the proprietary property of neerg, its users or its licensors with all rights reserved. Other than with respect to your own User Content (as defined below) that you legally post on the Site, no Site Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without neerg's or the applicable content provider's explicit permission. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of neerg, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

User Content. You are solely responsible for any content, including but not limited to information, text, photographs, videos and other files that you post, upload, publish or display on the Site ("User Content"). neerg reserves the right to modify or remove, at its sole discretion, any User Content. neerg does not claim ownership rights in your User Content. You grant neerg a license solely to enable neerg to use any User Content you supply neerg with, so that neerg is not violating any rights you might have in that User Content. Without limiting the generality of the foregoing, you grant neerg a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights you have in your User Content, in any media now known or not currently known, provided that neerg will only use personal information in accordance with neerg's Privacy Policy. You represent and warrant that your User Content is free of libel or other unlawful material, including matter that may be construed as invasion of privacy, violation of a right of publicity, copyright, patent, or trademark infringement, and/or misappropriation of trade secret or any other right of a person or party. You also represent and warrant that all necessary licenses and consents have been obtained for the unrestricted use of your Content on the Site. For issues with intellectual property, please provide the notice as specified in neerg's Copyright and Intellectual Property Policy.

Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site ("Submissions"), provided by you to neerg are non-confidential and shall become our sole property. neerg shall own all right, title and interest, including all intellectual property rights, in Submissions, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

6. INFORMATION CONTROL

User Content. neerg does not control User Content that is made available on the Site. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. You acknowledge that neerg does not in any way screen its users. Users are solely responsible for interactions with others. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may also be risks dealing with international trade and foreign nationals. By using the Site, you agree to accept such risks and that neerg (and neerg's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on the Site.

By posting User Content on neerg, it is possible for another user, an outside website or a third party to re-post that Content. You agree to hold neerg harmless for any dispute concerning such a potential use.

Third Party Links. neerg may contain links to or reference third party websites or resources. You agree that neerg shall not be responsible or 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. Inclusion of or linking to any third party website or any content does not imply approval or endorsement thereof by neerg. If you decide to leave the Site and access any third party site, you do so at your own risk and you should be aware that our policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

7. PROHIBITED ACTIVITIES

Without limiting the generality of the other terms and conditions herein, you are solely responsible for your conduct and activities on and regarding the Site and any User Content. Your User Content and your use of the Site shall not:

• Be false, inaccurate or misleading

• Be fraudulent or involve the sale of illegal, counterfeit or stolen items

• Infringe upon neerg's or any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, neerg's Copyright and Intellectual Property Policy )

• Violate this Agreement, any other neerg policies or guidelines, Amazon Payment's Acceptable Use Policy; or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

• Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall or are otherwise unsafe or unfit for the purposes they are intended.

• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including neerg staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.

• Be obscene or contain child pornography.

• Contain any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or intercept or capture any data or personal information;

• Contain any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

• Appear to create liability for neerg or cause neerg to lose (in whole or in part) the services of neerg's ISPs or other suppliers.

8. DISPUTE RESOLUTION

Disputes Between Users and neerg: Any claim, dispute or controversy arising out of or in connection with or relating to this Agreement or the breach or alleged breach thereof or your use of the Site shall be submitted by the parties to arbitration by the American Arbitration Association ("AAA") in Los Angeles, California, United States of America under the AAA's commercial rules then in effect. The award rendered by the arbitrators shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and judgment on such award may be entered in any court having jurisdiction thereof. You and neerg agree that any such cause of action arising must be commenced within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The foregoing notwithstanding, nothing in this paragraph shall be deemed as preventing neerg from seeking relief from the courts as necessary to protect its rights, and no decision of any arbitrator shall be binding in such event.

Disputes Between Users: Any disputes between you and another party (including without limitation, merchants, buyers, other users, Amazon Payments Service or any other financial institution) should be resolved directly with such other party. In the event that you cannot resolve a dispute, Amazon Payments also offers certain buyer dispute programs/A to Z guarantees, which you can learn more about on the Amazon Payments' website. You may contact neerg in the event that you have a dispute with another party and neerg may try to help resolve disputes, but neerg has no obligation to resolve such disputes or to take any actions relating to such disputes. In the event of a dispute involving payment services, you should contact Amazon Payment Services directly. In the event of a dispute between you and another user or an outside party, you hereby release neerg (and neerg'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.

9. ACCESS AND INTERFERENCE

Much of the information on neerg is updated on a real-time basis and is proprietary or is licensed to neerg by users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our prior express written 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 neerg's infrastructure

• Copy, reproduce, modify, create derivative works from, distribute or publicly display any User Content (except for your Content) from the Site without the prior expressed written permission of neerg and the appropriate third party, as applicable.

• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

10. BREACH

Without limiting any of our other remedies, neerg may, without notice, and without refunding any fees, delay or immediately remove User Content, warn neerg's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take any technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

neerg suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policies incorporated herein; neerg is unable to verify or authenticate any of your personal information or User Content; or neerg believes that a user is acting inconsistently with the letter or spirit of neerg's policies, has engaged in improper or fraudulent activity in connection with neerg or the actions may cause legal liability or financial loss to neerg's users or to neerg.

11. PRIVACY

Except as provided in neerg's Privacy Policy, neerg will not sell or disclose your personal information to third parties without your explicit consent. neerg stores and processes User and Site Content on computers located in the United States that are protected by physical as well as technological security.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another neerg user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for neerg-related communications and may not be used for unsolicited commercial messages. For more information, see neerg's Privacy Policy.

12. NO WARRANTY

NEERG, NEERG'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND NEERG'S SUPPLIERS PROVIDE NEERG'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. NEERG, NEERG'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND NEERG'S 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 NEERG 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.

13. LIABILITY LIMIT

IN NO EVENT SHALL NEERG, AND (AS APPLICABLE) NEERG'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR NEERG'S 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 SITE, NEERG'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

NEERG'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF NEERG'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 PAID TO NEERG 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.

14. INDEMNITY

YOU AGREE TO INDEMNIFY AND HOLD NEERG AND (AS APPLICABLE) NEERG'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.

15. NO GUARANTY

neerg does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside neerg's control.

16. SEVERABILITY

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.

17. NO AGENCY

You and neerg are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18. NEERG SERVICE

neerg reserves the right to modify or terminate the neerg service for any reason, without notice, at any time. neerg reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If neerg makes a material change neerg will notify you here, by email, by means of a notice on our home page, or other places neerg deems appropriate.

19. JURISDICTION

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, including its conflicts of laws rules and you consent to the exclusive jurisdiction of the federal and state courts located in Los Angeles, California, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.

20. SURVIVAL

Sections 4 (Fees), 5 (Intellectual Property), 6 (Information Control), 8 (Resolution of Dispute and Release), 9 (Access and Interference), 10 (Breach), 11 (Privacy), 12 (No Warranty), 13 (Liability Limit), 14 (Indemnity), 15 (No Guaranty), 16 (Severability), 17 (No Agency) and 29 (Jurisdiction) shall survive any termination or expiration of this Agreement.

21. NOTICES

Except as explicitly stated otherwise, any notices shall be given to neerg by electronic mail to support@neerg.com and to you to the email address you provide to neerg (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after any email is sent, unless the sending party is notified that the email address is invalid. Alternatively, neerg may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to neerg. In such case, notice shall be deemed given three days after the date of mailing.