Terms of Use

The following describes the terms on which Batesville Online offers you access to our services.

Introduction

Welcome to Batesville Online. By using Batesville Online (including BatesvilleOnline.com and its related sites, services and tools), you agree to the following terms with Batesville Online and the general principles for the websites of our subsidiaries and international affiliates.

This Agreement is effective on July 1, 2018 for current users, and upon acceptance for new users.

Scope

Before you may become a member of Batesville Online, you must read and accept all of the terms in, and linked to, this User Agreement and the Batesville Online Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Batesville Online sites or services, or when you use the tools we make available to interact with Batesville Online sites and services. If you use another Batesville Online site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Batesville Online sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using Batesville Online

While using Batesville Online 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 items by you, unless the other party 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 from you, unless the other party fails to meet the posted terms, or you cannot authenticate the buyer’s identity; manipulate any item or interfere with other users’ listings; circumvent or manipulate our fee structure, the billing process, or fees owed to Batesville Online; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Batesville Online); transfer yourBatesville Online account (including feedback) 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 Batesville Online, or the interests or property of Batesville Online users; export or re-export any Batesville Online tools except in compliance with the export control laws of any relevant jurisdictions; copy, modify or distribute rights or content from the Batesville Online sites, service or tools or Batesville Online copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing Batesville Online

Batesville Online and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their 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 (for example, and without limitation, policies related to conducting off- Batesville Online transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time or to modify or discontinue Batesville Online sites, services or tools.

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.

For the convenience of traders, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Batesville Online users). You may use catalog content solely in connection with your Batesville Online listings during the time your listings are on Batesville Online sites.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Batesville Online policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Limitation of Liability

You will not hold Batesville Online responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. Our sites are venues to allow anyone to offer just about anything, at anytime, from anywhere, in a variety of formats and locations, such as stores. We are not involved in the actual transaction between traders. 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 traders items, the ability of traders to actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a traders serious expression of interest in trading the item and does not create a formal contract between the traders. We do not transfer legal ownership of items from the trader to trader. 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.

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 sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Batesville Online 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 hand 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 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 Batesville Online 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 our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing an item on Batesville Online sites, you assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on Batesville Online sites, your listing will be posted on Batesville Online sites and can be viewed in My Batesville Online. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Batesville Online can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, end time, keywords, feedback, and detailed traders ratings. You can read more about where your listings appear in search and browse results in Batesville Online Help Pages.

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 Batesville Online 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 Batesville Online 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 Batesville Online national registered agent (in the case of Batesville Online) or to the email address you provide to Batesville Online 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.

Legal Disputes

If a dispute arises between you and Batesville Online, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Batesville Online 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 About 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 Legal Disputes – This Agreement shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Batesville Online must be resolved exclusively by a state or federal court located in Ripley County, Indiana, 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 Ripley County, Indiana 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 Batesville Online must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Batesville Online may recover attorneys’ fees and costs provided that Batesville Online has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

General

Batesville Online is located in Indiana. 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. Additionally, we will notify you via email. 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 Legal Disputes.

Prohibited and Restricted Items

Before listing your item, make sure it’s allowed on Batesville Online and find out if there are specific rules and conditions on how it should be listed. See the list of prohibited and restricted items below. Traders also need to make sure that the trade of their item complies with all laws.

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 trading privileges and suspension of your account.

Understanding the rules

Here are some basic things to keep in mind when listing your items on Batesville Online:

Our policies are often based on country and state laws, although in some cases, they may also be based on input from our members and our own discretion, especially for dangerous or sensitive items.

Be sure to read our policies before listing items. Follow our guidelines and review our examples so you know beforehand what you can and can’t trade on Batesville Online (note that examples are not an exhaustive list).

Be sure to also read our rules for listings and our rules about intellectual property to check if your item has other guidelines that would affect your listing.

Prohibited and restricted items

  • Contracts
  • Counterfeit currency and stamps
  • Credit cards
  • Describing drugs and drug-like substances
  • Drugs and drug paraphernalia
  • Embargoed goods to prohibited countries
  • Government documents, IDs, and licenses
  • Hazardous illegal to own materials
  • Human remains and body parts
  • Importation of goods into the US– that were intended only for distribution in a certain country
  • International trading
  • Items encouraging illegal activity
  • Lottery tickets
  • Mailing lists and personal information
  • Manufacturers’ coupons
  • Multi-level marketing, pyramid, and matrix programs
  • Offensive material– examples include ethnically or racially offensive material.
  • Pesticides
  • Police-related items
  • Prescription drugs
  • Prohibited services
  • Recalled items
  • Stolen property and property with removed serial numbers
  • Weapons and firearms
  • Weeds (seed plants and seeds)

Reporting policy violations

If you see a listing that violates Batesville Online policies, please report it by clicking the “Report Item as Offensive” link in the listing. When a policy violation occurs, we email the traders to let them know that the listing has been removed from Batesville Online.