Terms & Conditions

[Terms and Conditions are editable directly from the Admin Control Panel]

Introduction

This User Agreement and all policies posted on our site set out the terms on which KAN-PIC offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.

The entity you are contracting with is the Kansas Alliance for Wetlands and Streams, Inc (501.3.C), hereby referred to as KAWS, 1228 Westloop Place, PMB#234, Manhattan, KS 66502.

About KAN-PIC

KAN-PIC is a MarketPlace and AuctionHouse that allows users to offer, sell and buy just about anything in fixed price, highest bid auction, or buy-now auction options. The actual contract for sale is directly between the sellers and buyers, and neither KAN-PIC nor KAWS is liable for any aspects of actual contracts for sale as negotiated between sellers and buyers. 

While we may provide pricing, shipping, listing and other guidance on KAN-PIC, such guidance is solely informational and you may decide to follow it or not. Neither KAWS nor KAN-PIC has any control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.  The intent of KAN-PIC, however, is to create a community of trustworthy and respectful buyers and sellers for the “good of Kansas conservation and communities.  Please report abuses to kanpic@kaws.org if you have encounter any fraudulent activity.

Using KAN-PIC

In connection with using or accessing the Services you will not:

·        post, list or upload content or items in inappropriate categories or areas on our sites;

·        breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;

·        use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; 

·        fail to pay for items purchased by you, unless you have a valid reason as set out in a KAN-PIC policy; for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller;

·        fail to deliver items sold by you, unless you have a valid reason as set out in an KAN-PIC policy; for example, the buyer fails to follow the posted terms or you cannot contact the buyer;

·        manipulate the price of any item or interfere with any other user's listings;

·        post false, inaccurate, misleading, defamatory or libelous content;

·        take any action that may undermine the feedback system or slander any Buyers or Sellers on KAN-PIC;

·        transfer your KAN-PIC account 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 KAN-PIC, or the interests or property of users;

·        use any robot, spider, scraper or other automated means to access our Services for any purpose;

·        bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

·        export or re-export any KAN-PIC application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

·        reproduce, perform, display, distribute, reverse engineer or prepare derivative works from content that belongs to or is licensed to KAN-PIC or that comes from the Services and belongs to another KAN-PIC user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of KAN-PIC and/or any other party holding the right to license such use;

·        commercialize any KAN-PIC application or any information or software associated with such application; 

·        harvest or otherwise collect information about users without their consent; or

·        circumvent any technical measures we use to provide the Services.

If we believe or discover that you are abusing KAN-PIC in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending or terminating your user account(s) and access to our Services, delaying or removing hosted content and taking technical and/or legal steps to prevent you from using our Services.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.

Policy Enforcement

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers in the spirit of the KAN-PIC community.

Fees

The fees we charge for using our Services are based on a flat rate of 5%. We reserve the right to change our seller fees from time to time by posting the changes on the KAN-PIC site 30 days in advance.

You must have a PayPal account when selling or buying on KAN-PIC.   Fees (5% of sales through sellers) will be invoiced to sellers quarterly and must be paid within 30 days of invoice.  There are no fees for buyers or against shipping charges designated by the sellers. The procees from these fees will be distributed in the following manner according to the underlying spirit of KAN-PIC:

  • 1% of 5% commission fee charged to sellers for each sales transaction goes to support operation, maintenance, infrastructure and promotion of KAN-PIC;
  • 1% of 5% commission fee charged to sellers for each sales transaction goes to conservation or community group designated by KAN-PIC sellers;
  • 1% of 5% commission fee charged to sellers for each sales transaction goes to fund conservation and community projects of conservation or community groups as designated by KAN-PIC sellers;
  • 1% of 5% commission fee charged to sellers for each sales transaction goes to KAWS for coordination of conservation and community activities at their discretion;
  • 1% of 5% commission fee charged to sellers for each sales transaction goes to KAWS for conservation and community projects identified by KAWS coordination activities; KAWS may use this project fund to support operation, maintenance, infrastructure and promotion of KAN-PIC until all expenses are resolved.

If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you may be subject to late fees. KAN-PIC, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information KAN-PIC reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at KAN-PIC, 1228 Westloop Place PMB#234, Manhattan, KS 66502. If you wish to dispute the information a collection agency reported to a credit bureau regarding your KAN-PIC account, you must contact the collection agency directly.

Listing Conditions

When listing an item, you agree to comply with Rules for Listing and Rules for Sellers and that:

·        You are responsible for the accuracy and content of the listing and item offered.

·        Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). KAN-PIC can't guarantee exact listing durations.

·        Content that violates any of KAN-PIC’s policies may be deleted at KAN-PIC’s discretion.

·        We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:

·        buyer's location, search query, browsing site, and history;

·        item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;

·        seller's history, detailed seller ratings, feedback, and defect rate; and

·        number of listings matching the buyer's query.

 

Purchase Conditions

When buying an item, you agree to the Rules for Buyers and that:

·        You are responsible for reading the full item listing before making a bid or commitment to buy.

·        You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).

·        For motor vehicles, real estate, and services, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item or service and does not create a formal contract between the buyer and the seller.

·        We do not transfer legal ownership of items from the seller to the buyer.

·        Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.

·        If you purchase an item on a site linked to KAN-PIC, you are subject to the User Agreement of KAN-PIC and the other site with respect to that particular purchase.

International Buying and Selling; Translation

Our Services may be accessible to international sellers and buyers. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase and shipment of items.

You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. If your item is sold to a buyer on a site other than your KAN-PIC site, you agree to be subject to that other site's policies and KAN-PIC's policies.

Neither KAN-PIC nor KAWS are responsible for any issues related to international translation or currency conversion issues.                                                                                             

Content

When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees or our assignees.

You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you believe that your intellectual property rights have been infringed, please notify KAN-PIC and we will investigate.

Holds

To protect against the risk of liability, KAN-PIC has at times requested, and may continue to request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, or riskiness of the listing category.  This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.

Authorization to Contact You; Recording Calls

You agree to receive calls from KAN-PIC at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our User Privacy Notice, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

·        To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law;

·        To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out by contacting KAN-PIC to assert this right.

We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own or other purposes.

We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.

KAN-PIC may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with KAN-PIC or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with KAN-PIC may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by KAN-PIC, and KAN-PIC does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Additional Terms

·        Returns

All returns shall be negotiated between the buyer and seller with no legal responsibility on behalf of KAN-PIC.

 

·        No KAN-PIC Money Back Guarantee

Any money back guarantees will be negotiated between the buyer and seller with no legal responsibility on behalf of KAN-PIC.

Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in KAN-PIC’s applications may not occur in real time. Such functionality is subject to delays beyond KAN-PIC’s control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

·        your use of or your inability to use our Services;

·        pricing, shipping or other guidance provided by KAN-PIC;

·        delays or disruptions in our Services;

·        viruses or other malicious software obtained by accessing, or linking to, our Services;

·        glitches, bugs, errors, or inaccuracies of any kind in our Services; 

·        damage to your hardware device from the use of any KAN-PIC Service;

·        the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

·        a suspension or other action taken with respect to your account or breach of the Abusing KAN-PIC Section above;

·        the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or 

·        your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount of total fees, which you paid to us in the 12 months prior to the action giving rise to the liability or $100, whichever is less.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of KAN-PIC’s Services or your breach of any law or the rights of a third party.

Legal Disputes

You and KAN-PIC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the KAN-PIC User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law

You agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and KAN-PIC, except as otherwise stated in the User Agreement.  KAN-PIC is simply the software exchange which allows transactions between buyers and sellers to occur via the MarketPlace or AuctionHouse and has no legal obligations extending beyond the User Agreement.  KAN-PIC will make every effort to maintain the software exchange according to the User Agreement for the good of buyers and sellers.  KAWS maintains and promotes KAN-PIC for our conservation and community partners, but neither KAWS nor its KAN-PIC partners have any legal responsibility or obligation to buyers and sellers who participate on KAN-PIC and cannot be held legally or financially responsible for any conflicts, disputes, claims or damages.  KAWS maintains and operates KAN-PIC for its conservation and community partners in “good faith” with the buyer and seller community for the “good of Kansas conservation and community.”

B. Agreement to Resolve Conflicts

All conflicts, disputes or claims that arise or have arisen between the buyer and seller are between buyers and sellers and should be negotiated between those parties as necessary.  KAN-PIC has no legal liability in conflicts, disputes or claims that arise or have arisen between buyers and sellers. Through feedback systems and abuse reports, KAN-PIC will attempt to eliminate all poorly rated or abusive buyers and sellers from the MarketPlace and AuctionHouse to encourage an environment of positive transaction experiences, but KAN-PIC has no legal liability to buyers and sellers in these matters.  By agreeing to participate in KAN-PIC, all entities are agreeing to act in “good faith” for the “good of Kansas conservation and community.”

 

You and KAN-PIC each agree that any and all conflicts, disputes or claims that have arisen or may arise between you and KAN-PIC relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to KAN-PIC’s Services, or any products or services sold, offered, or purchased through KAN-PIC’s Services shall be resolved exclusively between parties through “good faith” discussion procedures according to terms of the Users Agreement, rather than in court.  To initiate such “good faith discussion” procedures, the buyer or seller should submit a “good faith discussion” notice to KAN-PIC.  You may download a form “good faith discussion” notice here. The Notice to KAN-PIC should be sent to KAN-PIC, Re: Good Faith Discussion Notice, 1228 Westloop Place, PMB#234, Manhattan, KS 66502. KAN-PIC will send any Notice to you to the physical address we have on file associated with your KAN-PIC account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the conflict, dispute or claim the party is asserting and the relief sought.

If conflicts, disputes or claims that have arisen or may between you and KAN-PIC cannot be resolved through “good faith discussion” according to terms of the Users Agreement, you agree to pay the costs to pursue neutral arbitration.  Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide according to the terms of the User Agreement.  The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879 FREE. 

 
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form “notice of dispute.” You may download a form “notice of dispute” here. The Notice to KAN-PIC should be sent to KAN-PIC, Re: Notice of Dispute, 1228 Westloop Place, PMB#234, Manhattan, KS 66502. KAN-PIC will send any Notice to you to the physical address we have on file associated with your KAN-PIC account; it is your responsibility to keep your physical address up to date. All information called for in the “notice of dispute” must be provided, including a description of the nature and basis of the conflict, dispute or claims the party is asserting and the relief sought.

 

If you and KAN-PIC are unable to resolve the conflict, dispute or claims described in the Notice within 30 days after the “notice of dispute” is sent, you or KAN-PIC may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to KAN-PIC at the following address: KAN-PIC, 1228 Westloop Place, PBM#234, Manhattan, KS 66502.  In the event KAN-PIC initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your KAN-PIC account. Any settlement offer made by you or KAN-PIC shall not be disclosed to the arbitrator.

 

The arbitration shall be held in a Kansas county or at another mutually agreed location, based on the terms of the arbitrator. If the value of the relief sought is $10,000 or less, you or KAN-PIC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and KAN-PIC subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or KAN-PIC may attend by telephone, unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Kansas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same KAN-PIC user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Any request for payment of fees by KAN-PIC should be submitted by mail to the AAA along with your Demand for Arbitration and KAN-PIC will make arrangements to determine who is liable for payment of the necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse KAN-PIC for all fees associated with the arbitration.

General

KAN-PIC is located at 1228 Westloop Place, PMB#234, Manhattan, KS 66502: www.kan-pic.org.

Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.  In our sole discretion, we may assign this User Agreement, by providing notice of such assignment 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 does not 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 User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.kan-pic.org. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days notice by posting the amended terms. Additionally, we will notify you through KAN-PIC newsletters and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through.

The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the KAN-PIC site.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all polices set forth the entire understanding and agreement between you and KAN-PIC and supersede all prior understandings and agreements of the parties.