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Terms of Service


These Terms of Service are effective as of March 15, 2014

These Terms of Service ("Terms of Service") shall govern the use and participation in the online dispute resolution services provided by NetNeutrals.com. (“NetNeutrals”).  NetNeutrals provides its Services via its site, https://www.NetNeutrals.com (“Site”).  By choosing to use the Site and Services, all parties also agree to these Terms of Service and express intent and agree to be bound by them.

Please read through these Terms of Service carefully, as they may have changed since your last visit to the Site.  NetNeutrals reserves the right to change these Terms of Service, or any portion thereof at any time and without notice.  These changes will not apply to existing feedback reviews in which Users have agreed to prior Terms of Service.  Any persons or entities unwilling to agree to these Terms of Service shall discontinue further use of the Site and Services.

Service Provided

The Service provided by NetNeutrals is Online Dispute Resolution (ODR) for eBay.  The process is called Independent Feedback Review (IFR), whereby a trained, independent Neutral reviews evidence presented by eBay Buyers and Sellers to determine whether feedback left by a Buyer in an eBay transaction meets one of four stated criteria for removal. Feedback is hidden for seven (7) days while the case is under review.  If the Neutral decides that the feedback does meet the criteria for removal, it will be permanently removed and de-scored from the Seller’s eBay profile.  If the Neutral decides that the feedback does not meet the criteria, it will be reinstated on the Seller’s profile.

Please note that the Site and the Service provided are merely a platform to settle disputes between eBay Buyers and Sellers.  NetNeutrals and the Neutrals are not parties to any disputes between Buyers and Sellers.  By using the NetNeutrals site, Users understand that NetNeutrals and the Neutrals have no liability related to disputes.

Payment

The fee for IFR is a one-time, flat rate amount totaling $130 USD.  This fee must be paid by the eBay User who initiates the process.  The payment must be made via PayPal.  The eBay User will be directed to the PayPal site directly from the NetNeutrals Site when they may open the case.  The IFR process will not start until the eBay User’s payment is processed by PayPal and received by NetNeutrals.

Refund/Appeal Policy

IFR decisions are final and are not subject to negotiation or to appeal.  Refunds will not be issued under any circumstances once the Neutral has completed the decision.  At that time the Service has been provided and is complete, regardless of whether the Buyer/Seller is satisfied by the outcome.

Indemnity and Liability

In consideration of the services provided by NetNeutrals.com, the Buyer and Seller agree to hold harmless NetNeutrals and any of its directors, officers, agents, servants, employees, independent contractors, assignees, permittees, designees, or shareholders from and against any and all claims, causes of action, liabilities, costs and/or expenses of any kind arising from or in connection with the third party alternative dispute resolution program currently known as NetNeutrals.

Neither NetNeutrals Administration nor any Neutral shall be liable to any party for any act or omission in connection with any IFR conducted under these rules.

This program is intended as a fair and expeditious means of resolving eBay feedback disputes.  By agreeing to participate in the NetNeutrals IFR process, the parties understand they are submitting the dispute to a final, binding arbitration process.

To the maximum extent allowed by the law, NetNeutrals Administration and the Neutral are immune from civil liability to the same extent as a judge. By agreeing to dispute resolution under these rules, the parties understand that NetNeutrals Administration and the Neutral cannot be subpoenaed by either party in any subsequent legal proceeding.

NetNeutrals Administration and the Neutral are not necessary parties in a judicial proceeding related to the IFR process. Therefore, they are not competent to testify in a judicial, administrative or similar proceeding.

The Neutral and /or NetNeutrals Administration cannot be required to produce records regarding any statement, conduct, decision or ruling that occurred during the IFR process.

The parties may not call any Neutral or employee of NetNeutrals Administration as a witness or expert in any informal proceeding or legal action involving the parties related to an IFR conducted by this program. In addition, the parties may not subpoena any notes or other materials created by the Neutral.

Unless applicable law provides otherwise, the parties are deemed to have consented that the Neutral’s decision may be entered in any federal or state court having jurisdiction.

If any party initiates a judicial proceeding before or during the arbitration process, it will not be considered a waiver of any party's right to submit the dispute to NetNeutrals IFR process.

Privacy

See NetNeutrals’ privacy policy at https://netneutrals.com/Privacy-Policy for information concerning the use of your personal information.

Security


Before the case is opened, the NetNeutrals Site will redirect the parties to eBay to verify their eBay username and password.  After the parties log in to eBay, they will be asked to agree to allow eBay to share information with NetNeutrals for the purpose of using the Service.  NetNeutrals does not store the party’s eBay password.  The parties are then redirected to NetNeutrals to participate in the IFR forum.

NetNeutrals uses secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet.  This is meant to ensure that the information provided to NetNeutrals is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals.

Parties’ Responsibilities

By participating in NetNeutrals’ IFR process, the Seller and Buyer agree to act in good faith, which includes taking reasonable steps to achieve a fair and expeditious resolution of the dispute. The parties also agree to accept the Neutral’s decision.

NetNeutrals.com insists users post comments that offer significant information concerning the item transaction, feedback, and settlement requests or offers.  By way of example, and not as a limitation, the Seller and Buyer agree that when using the Service, they will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the party owns or controls the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that the party knows, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Confidentiality

Dispute Resolution processes are generally considered to be a confidential means to settle disagreements. As such, information contained in the comments posted by either party is not intended to be copied or distributed.  NetNeutrals.com insists the parties observe discretion in matters related to the details and specifics of a claim.  NetNeutrals.com takes reasonable measures to ensure the privacy of the dispute and the participants.  NetNeutrals.com agrees to treat all information received in the course of its review activities as confidential with respect to persons or entities.  NetNeutrals.com further agrees that such confidential information may not be used for any purpose by NetNeutrals.com except to fulfill its dispute resolution obligations. For more information, please see our privacy statement at https://netneutrals.com/Privacy-Policy.

Waiver

If NetNeutrals fails to enforce any right or provision of these Terms, it will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of NetNeutrals. Unless expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Severability

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Copyright and Trademark Notices

All contents of the NetNeutrals.com Site are Copyright 2014 by NetNeutrals and/or its suppliers.  All rights reserved.  The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NETNEUTRALS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NETNEUTRALS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NETNEUTRALS SITE AT ANY TIME. ADVICE RECEIVED VIA THE NETNEUTRALS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

NETNEUTRALS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NETNEUTRALS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NETNEUTRALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETNEUTRALS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NETNEUTRALS  SITE, WITH THE DELAY OR INABILITY TO USE NETNEUTRALS  SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NETNEUTRALS  SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE NETNEUTRALS  SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NETNEUTRALS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NETNEUTRALS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NETNEUTRALS SITE.

Force Majeure

If performance under these Terms of Service is interfered with by any condition beyond a party's reasonable control, the affected party will be excused from such performance to the extent of such condition.

Choice of Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, USA and you hereby consent to the exclusive jurisdiction and venue of courts in Waukesha, Wisconsin, USA in all disputes arising out of or relating to the use of the NetNeutrals Site. Use of the NetNeutrals Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The parties agree that no joint venture, partnership, employment, or agency relationship exists between the parties and NetNeutrals as a result of this agreement or use of the NetNeutrals Site.  NetNeutrals’ performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NetNeutrals’ right to comply with governmental, court and law enforcement requests or requirements relating to the parties use of the NetNeutrals Site or information provided to or gathered by NetNeutrals with respect to such use.

How to Contact Us

Users can email questions, comments, or concerns to info@NetNeutrals.com