Terms of Use - Privacy Policy

 
 

Terms of Use:

1. Introduction

This User Agreement and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which High Noon Clearing offers you access to and use of our Services. You agree to comply with all of the terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is:

NOONCLEAR INC

PO BOX 718

NY, NY 10040

In this User Agreement, this entity is individually and collectively referred to as "High Noon Clearing," "noonclear," and "HNC," "we," or "us."

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B("Agreement to Arbitrate")). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. About HNC

HNC is an exchange platform that allows businesses, brands, and organizations to list offers, and people to shop in a variety of pricing formats and locations. HNC is not a traditional exchange platform. While we have dedicated staff to populate each listing in conjunction with listers, and update listings according to schedule, the choice to spend time, attention, and money with an entity on the HNC exchange is that of each user. Also, while we may help facilitate the resolution of disputes, HNC does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of listers' 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.

3. Using HNC

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

  • breach or circumvent any laws;

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

  • fail to deliver items sold by you;

  • interfere with any other user's listings;

  • attempt to have staff populate your listing with false, inaccurate, misleading, deceptive, defamatory, or libelous content;

  • take any action that may undermine the exchange;

  • distribute or post spam;

  • distribute viruses or any other technologies that may harm HNC or the interests or property of users;

  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose;

  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any HNC application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to HNC. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to HNC or someone else;

  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;

  • commercialize any HNC application or any information or software associated with such application, except with the prior express permission of eBay;

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

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

4. Disputes

When a buyer or seller issue arises, we may consider the users' history and the specific circumstances, and we will make an effort to do the right thing for both buyers and sellers.

5. Payment and Processing Fees

We require an annual payment to list offers on the exchange. Each transaction requires payment processing and revenue forwarding fees. Sales tax must be paid by the lister and included in the posted price.

6. Listing Conditions

When populating a listing with offers in conjunction with dedicated staff, you agree to the following:

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

  • Your listing will not be searchable by keyword or category until final confirmation.

  • We may revise product data associated with listings to supplement, remove, or correct information.

  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.

  • We may provide you with optional recommendations to consider when creating your listings.

7. Purchase Conditions

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a commitment to buy

  • You enter into a legally binding contract when you buy an item

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

  • Utah Code Annotated § 70A-2-401(2) and 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

8. International Buying and Selling; Translation

Many of our Services are 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 list your items directly on one or more of HNC's international sites. Additionally, you may direct us to display your listing on HNC sites other than the original HNC listing site, including where you choose to list an item with an international shipping option; the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, and other pertinent policies.

You authorize us to translate your HNC content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available.


9. Content

When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against HNC, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. HNC takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including HNC users). You may use that content solely in your HNC listings. HNC may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that HNC is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a lister, you agree to ensure that content directly associated with your listings is accurate.

The names "High Noon Clearing," "noonclear," "HNC," and other HNC marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of HNC in the U.S. and other countries. They may not be used without the express written prior permission of HNC.

10. 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 under the United States Digital Millennium Copyright Act. HNC uses staff to communicate with entities and to populate their listings and additional programs to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us.

11. Holds

To protect HNC from risk of liability for your actions as a seller, HNC has at times recommended, and may continue to recommend, 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, returns, riskiness of the listing category, transaction value, or the filing of a remedy case. This may result in PayPal restricting funds in your PayPal account.

12. Authorization to Contact You

HNC may contact you using calls at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

Sellers must meet performance standards. Failure to meet these standards may result in HNC charging you additional fees, and/or limiting, restricting, suspending, or downgrading your listing account.

If we believe you are abusing HNC and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating policies you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement.

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 all or part of our Services to anyone for any reason at our discretion.

HNC may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with HNC or its agents for quality control and training purposes, or for its own purposes.

13. Privacy of Others; Marketing

If HNC provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

14. Additional Terms

Returns and Cancellations

Listers are required to fulfill orders purchased through the HNC exchange, and to refund customers if fulfillment is impossible. For all new listers, in listings where returns are accepted, HNC will set a default rule. Sellers may remove or customize their return preferences by communicating with their staff advocate. The cost of return shipping for an item that is not as described is the lister's responsibility.

Privacy Policy

Effective date: December 12, 2019

High Noon Clearing, HNC, noonclear, ("us", "we", or "our") operates the noonclear website and the noonclear mobile application (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

Data mining and sales, and targeted marketing research are not parts of our revenue model.

You are hereby informed that some aspects of our service is governed by the Squarespace Privacy Policy:

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Service

Service means the noonclear.com website and the future noonclear mobile application operated by noonclear.

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small files stored on your device (computer or mobile device).

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Address, State, Province, ZIP/Postal code, City

Cookies and Usage Data

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

Use of Data

noonclear uses the collected data for various purposes:

    To provide and maintain the Service

    To notify you about changes to our Service

    To allow you to participate in interactive features of our Service when you choose to do so

    To provide customer care and support

    To provide analysis or valuable information so that we can improve the Service

    To monitor the usage of the Service

    To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

noonclear will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

noonclear may disclose your Personal Data in the good faith belief that such action is necessary to:

    To comply with a legal obligation

    To protect and defend the rights or property of noonclear

    To prevent or investigate possible wrongdoing in connection with the Service

    To protect the personal safety of users of the Service or the public

    To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us.