NEBB . (herein "NEBB"), the owner of Nebbinstitute.org and other related sites, reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing Nebbinstitute.org or its services, at any time and at its sole discretion. NEBB reserves the right to make changes without notice. Such changes will be effective upon posting the revised Agreement on Nebbinstitute.org. Members are encouraged to review the Agreement from time to time for any possible changes. Members should discontinue use of Nebbinstitute.org if they do not agree to any terms of this Agreement.
The Services offered by NEBB ("NEBB " or "we") include the NEBB Website (the "Website") and any other features, content, or applications offered from time to time by NEBB in connection with the Website (collectively, the "Services"). Nebbinstitute.org is not intended for commercial use.
- Eligibility: Use of and Membership in the Services is void where prohibited. By using the Services, Member represents and warrants that (a) all registration information submitted is truthful and accurate; (b) they will maintain the accuracy of such information; (c) Member is 18 years of age or older; and (d) use of the Services does not violate any applicable law or regulation. All required fields must contain true, accurate, current and complete information. If NEBB believes that untrue, inaccurate, outdated, or incomplete information has been provided, NEBB may immediately, and at their sole discretion, suspend the Member account without notice.
- Disclosure of Information: NEBB reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect NEBB’s systems and customers, or to ensure the integrity and operation of NEBB’s business and systems, NEBB may access and disclose any information it considers necessary or appropriate, including, without limitation, Member contact details, IP address and traffic information, usage history and posted content. By use of NEBB’s website, the Member agrees to such access and disclosure by NEBB. Any personal information the Member chooses to disclose to another Member is at their sole risk.
- Member Disputes: Members are solely responsible for their interactions with other NEBB Members. NEBB reserves the right, but has no obligation, to monitor disputes between Members.
- Investigation: NEBB reserves the right, but assumes no obligation, to monitor any activity and content associated with Nebbinstitute.org . NEBB may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, denying access and/or removal of any materials from Nebbinstitute.org , including listings and bids. NEBB reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. In the event that the Member suffers damages from this investigation in any way, Member agrees that NEBB shall not be liable to Member for such damages, in any circumstances.
- Fees: A fee is required to participate in certain services through Nebbinstitute.org.
- Term. Members may terminate membership at any time, for any reason, by contacting us at customerservice@Nebbinstitute.org. NEBB reserves the right, in its sole discretion, to restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. This Agreement shall remain in full force and effect, even after Membership is terminated, by either party, for any reason.
- Termination: NEBB, in its sole discretion, may terminate this Terms of Service Agreement, access to Nebbinstitute.org or its services, any Forum post, or any current sales or orders immediately without notice for any reason.
- By entering into this Agreement and offering an item for sale or trade, Member agrees to complete the transaction as described by this Agreement. Member acknowledges that by not fulfilling these obligations, the action or inaction may be legally actionable. Trade on orgrefers to the opportunity to buy, sell, or trade sports cards or other items with other Nebbinstitute.org Members.
- Reservation of Rights:
- NEBB reserves the right to immediately halt any transaction, prevent or restrict access to org, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by the policies and guidelines outlined in this Agreement.
- NEBB reserves the right to identify at any time and from time to time particular goods or type of goods as inappropriate for participation on org discretion.
- No reservation of rights hereunder by NEBB shall imply an obligation on the part of NEBB to exercise such right. Failure to exercise such right at any time shall not be deemed a waiver of NEBB’s right to exercise same at a later date.
- General Release: Member agrees to indemnify and hold NEBB (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
The org forums are a free benefit to members of our site. If you are not a member Contact Us
Using the forums on Nebbinstitute.org can be informative, helpful and entertaining. People receive support, learn about NEBB Media, learn about the hobby, share their collecting interests, can find trade partners and make new friends around the world. The forums are a positive and enjoyable experience for everyone. To help make your experience more enjoyable, please read through the following forum guidelines.
- General Guidelines
- . You agree, through your use of this service, that you will not use the NEBB forums to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any other laws. You agree not to post any copyrighted material unless the copyright is owned by you. Although NEBB Media DOES NOT and CANNOT review the messages posted and is NOT responsible for the content of any of these messages, we at NEBB Media reserve the right to delete any post, thread, image, profile, avatar, attachment or signature for any or no reason whatsoever.
- Messages posted to forums by community members are solely the opinion and responsibility of the person posting the message. Please note that each individual user is responsible for his or her actions on these forums, so please be sure to act appropriately! Members remain solely responsible for the content of their posts, and agree to indemnify and hold harmless, NEBB and its agents, successors and assigns, with respect to any claim based upon transmission of message(s).
- Members may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of NEBB to terminate Membership privileges of any Member who infringes on the copyright rights of others upon receipt of prompt notification to NEBB by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if a Member believes that work has been copied and posted on the Services in a way that constitutes copyright infringement, they may provide the following information to our Copyright Agent:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website;
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a notarized statement by you, made under penalty of perjury, that all information contained in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NEBB’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, NEBB 1333 West McDermott Drive Suite 150 Allen, Texas 75013.
- Any violations of NEBB’s policies will result in immediate post removal, written warnings, board sanctions and/or total suspension from the forums. Member posts that are in violation of NEBB’s policy will be removed and the member may be suspended without warning.
- Violations include, but are not limited to:
- Including another individual’s contact information and/or e-mail address in a post (this includes phone numbers, physical addresses, IP addresses, e-mail addresses, etc.)
- Including profanity, vulgarity, hate speech, disruptive or hostile comments, interpersonal disputes, or threats of violence/harm in a post.
- Including material (graphic or text) that is obscene, pornographic, or not suitable for a general audience (including sexual references, alcohol or drug discussions, etc.). This may include but is not limited to foul language, sexual references or images, graphic/violent references or images, and drug/alcohol references or images.
- Any actions that interfere with site operations (including spam).
- Attempting to impersonate NEBB Media staff, site moderators, or other Nebbinstitute.orgMembers.
- Encouraging others to violate NEBB Media policies or the NEBB Terms of Service Agreement, including the re-posting of suspended topics or threads or the discussion of warning letters, member violations, banned members, or suspended members.
- Advertising merchandise, services or commercial Web sites of any kind or posting advertisements, chain letters, pyramid schemes, or solicitations. Violations will result in immediate suspension.
- Posting e-mail or other electronic communications from private parties. This includes private message conversations, text messages, e-mail, etc.
- The use of false registration information or creating multiple accounts for use on NEBB Media’s forums for the purpose of disruption will result in permanent suspension of all associated accounts. Only one account is allowed per user, and all other accounts will be permanently suspended.
- Reporters, researchers, and third party representatives emailing any members in their official capacity without prior permission.
- Posting any copyrighted items without the permission of the copyright owner. This includes posting information from the NEBB Online Price Guides, NEBB Online Checklists, NEBB Price Guides (Monthlies, Plus’, or Annuals) or any other copyrighted material.
- Limitation on Liability:In no event will NEBB be liable to Member or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if NEBB has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, NEBB’s liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by Member to NEBB for the Service during the term of membership.
- General Release:Unless otherwise specified, NEBB only facilitates transactions between sellers and buyers of goods posted for sale on Nebbinstitute.org. All sale transactions are strictly between the buyer, seller, or other participant. In the event a dispute arises between one or more Members, each releases and agrees to indemnify and hold NEBB (and its agents, employees, officers, and directors) harmless from and against any and all claims, demands, causes of action, or damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, and whether arising in tort or contract, in connection with such dispute.
- Disputes: Unless otherwise specified, NEBB is not involved in the actual transaction between sellers and buyers and is not the agent of either for any purpose. NEBB will not be involved in resolving any disputes between Members relating to or arising out of any transaction. NEBB urges sellers and buyers to cooperate with each other to resolve such disputes.
- General Provisions:
- No Agency:NEBB is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Terms of Service Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Terms of Service Agreement. This Terms of Service Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of NEBB, you, and relying buyers or sellers.
- Severability:If any provision of this Terms of Service Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
- No Waiver:Nothing contained herein shall be construed as a waiver by NEBB of any of our rights or remedies described in this Terms of Service Agreement unless the waiver is in writing and signed by an authorized NEBB agent. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. NEBB’s failure to enforce the strict performance of any provision of this Terms of Service Agreement will not constitute a waiver of NEBB’s right to subsequently enforce such provision or any other provisions of this Terms of Service Agreement.
- Copyrighted Confidential Information: NEBB is the owner of Nebbinstitute.org and all pages therein. All information contained herein is considered confidential and proprietary information and is the product of immeasurable time and skill provided by NEBB and its agents (“Confidential Information”). Member understands that misappropriation of such Confidential Information would cause irreparable damage to NEBB. As a condition of joining Nebbinstitute.org, Member understands that the materials on this site are confidential, proprietary and protected by United States Copyright Laws, and that any unauthorized reproduction, preparation of derivative works, distribution (whether by sale or other transfer of ownership, or by rental, lease or lending), or other display of the copyrighted work publicly, without the express written consent of NEBB is expressly prohibited, and that any violation could expose the user to both criminal and civil liability.
- No Warranties: Nebbinstitute.org and all Services available therein are provided on an "as is, where is" basis. NEBB makes no representations or warranties express, implied or otherwise, including but not limited to:
- . Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
- Any guaranty or implied warranty that orgor the Services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
- Any guaranty or implied warranty that the information, content, materials, or products included on the site will be as represented by sellers or traders, available for sale, lawful to sell, or that sellers, buyers, or traders will perform as promised;
- Any implied warranty arising from the course of dealing or usage of Trade services; and
- Any obligation, liability, right, claim, or remedy in tort, whether or not arising from the negligence of NEBB to the full extent permissible under applicable law, NEBB disclaims any and all such warranties.
- Indemnity/Limitation of Liability:
- . Indemnity and Defense:You agree to defend, indemnify and hold harmless NEBB and its affiliates, (and their respective employees, directors, agents, representatives, successors and assigns) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell or trade, any content you provide, the advertisement, offer, sale, trade, or return of any products you sell or trade, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or trade, or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through org, or otherwise in connection with any action, inaction or omission of you or any affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.
- Limitation of Liability:In no event shall NEBB be liable for damages of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages arising out of or in connection with this Terms of Service Agreement, even if NEBB has been advised of the possibility of same.
- Applicable Law:org and the Services are arranged, sponsored, or managed by NEBB in the State of Texas, USA. The laws of the State of Texas govern this Terms of Service Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. Member agrees that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Dallas County, Texas and Member hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
- Termination:NEBB, in its sole discretion, may terminate this Agreement, access to org or its Services, or any current transactions immediately, without notice for any reason.
Please contact us at: customerservice@Nebbinstitute.org with any questions regarding this Agreement.