StayGreen Oil Terms and Conditions (Last Updated 7-24-2012)
Before using the StayGreen Oil website or setting up your account with StayGreen Oil (herein referred to as "we", "us", or "SGO"), please read the following Terms and Conditions ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by SGO (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.
In order to use the Service, you must be at least 18 years of age. You represent that you are at least 18 years old. If you are not at least 18 years old, please do not attempt to use, or set up an account to use, the Services.
The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions ("Additional Terms") will be posted for viewing in conjunction with the applicable feature or service. In the event of any conflict between the terms and conditions of these Terms (other than Section 13, 14, and 15 of these Terms) and the terms and conditions of the Additional Terms, the Additional Terms shall control; with respect to conflicts between the terms and conditions of the Additional Terms and Sections 13, 14, and 15 of these Terms, Sections 13, 14, and 15 of these Terms shall control.
We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND/OR TRANSACTIONS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Your Use of the Service
Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by SGO to access to Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal or commercial purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of SGO or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of SGO. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.
While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Section 8 below. While using the Service, you agree not to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;
We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.
3. Your Submissions
In the event that you post or upload to the Service, or otherwise submit to or through SGO as part of your use of the Service, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the Service (including without limitation for purposes of promoting the Service). Please note that, while you retain ownership of your Submissions, any template or layout in which you arrange or organize such Submissions through tools and features made available through SGO are not proprietary to you, and can be used by SGO and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of SGO.
You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to SGO a copy of any such consents, releases and/or permissions upon SGO's request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Submission.
None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
Please note that we may also provide users with an automated method of reporting Submissions that they believe to be inappropriate. If we do provide such a method, Submissions that are reported more than a certain number of times may be automatically removed from the Service; provided, however, that SGO has no obligation to remove Submissions in response to user reports or requests. SGO is not responsible for, and will have no liability for, the removal or non-removal of any Submissions from the Service. We recommend you keep back-up copies of your Submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your Submissions.
Some features of the Service enable you to send and receive transmissions. You acknowledge and agree that SGO has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. SGO reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Service and/or the amount of storage space available for transmissions or for any feature made available through the Service.
5. Making Purchases
Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place an order, we will not charge you until we ship the items ordered. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
6. Copyright Issues
SGO is committed to protecting copyrights and expects users of the Service to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Service infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Service; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding the Service should be sent via email to email@example.com mail to:
StayGren Oil (ATTN: Legal Dept.)
3616 Harden Blvd #133
Lakeland, FL 33803
7. Term and Termination
These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Except for the license to access and use the Service granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.
8. Third-Party Websites, Software and Services
Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.
10. Access By Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the websites of GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that SGO does not endorse any of the products or services listed at such sites.
11. U.S. Government Restricted Rights
If you are an agency or instrumentality of the United States Government, any software and documentation included in the Service are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.
Software and material included in the Service may be subject to United States export controls. You will comply fully with all applicable export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations.
You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Service (including, without limitation, any and all purchases or transactions).
14. Disclaimer of Warranties
THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SGO AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SGO AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SGO NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF SGO ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
16. Policy for Idea Submission
Many of our customers are interested in submitting ideas and suggestions for products and services to be used at SGO, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Service; however, please note that any such ideas or suggestions that you submit will be owned by SGO, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to SGO. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted to SGO in Section 3 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to SGO, Inc. 5589 Marquesas Circle, Sarasota, FL 34233. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by SGO in order to evaluate your idea or suggestion.
17. Intellectual Property Notices
All trademarks and service marks on the Service not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
18. Jurisdictional Issues
The Service is controlled and operated by SGO from the United States, and is not intended to subject SGO to the laws or jurisdiction of any state, country or territory other than that of the United States. SGO does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Sarasota, Florida, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
21. Force Majeure
SGO shall not be liable for damages for any delay or failure arising out of causes beyond its reasonable control and without default or negligence, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor or materials.
22. Entire agreement
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
ADDITIONAL TERMS AND CONDITIONS – SGO COMMUNITY
Web Addresses (URLs)
As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.
ADDITIONAL TERMS AND CONDITIONS – SGO MARKETPLACE
SGO has established an online marketplace to allow businesses (“Buyers”) to purchase used lubricants, cooling oils, and related items (“Products”) from certain companies (“Seller”). SGO connects Sellers and Buyers through a proprietary system to sell Products through an auction format (“Services” or “Auction”).
Relationship of Parties
Nothing contained herein shall be deemed to create the relationship of employer and employee, partnership or joint venture, between SGO, Buyers, or Sellers. Neither party is authorized to bind the other or assume obligations in the name of or on the account of the other, nor shall either of the parties make any representations or warranties on behalf of the other, except as expressly authorized by such other party in writing.
Buyer shall be responsible to pay all applicable excise, use, sales, or other taxes that may be due or imposed upon the sale of the Product(s) to the Buyer from the Seller. SGO will list any applicable taxes as separate line items on the invoice and not collect any service or transaction fees on taxes.
Buyer and Seller agree that SGO will process all billing, invoicing, and reporting for the agreed upon services between the parties. All payments are due within 30 days after receipt of invoice. Buyer shall be charged 1.5 % interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of SGO’s reasonable costs (including attorneys’ fees) of collecting amounts due but unpaid. All orders are subject to credit approval. SGO will collect its fee from the Buyer’s payment prior to releasing funds to the Seller. Seller shall receive payment for Products sold from SGO within thirty (30) days from the receipt of the payment from the Buyer to SGO. Seller shall receive payment from SGO via check or ACH and, at their sole discretion, may alter preferred method of payment at any time upon notifying SGO.
Upon completion of an auction and acceptance of the online agreement by both the Buyer and Seller, the Buyer agrees to make a single, one time, advance payment to SGO in an amount equal to the monthly estimated gallons of Product at the rate of $1.00 per gallon. SGO will invoice the Buyer for this amount listed as Initial Deposit. The Initial Deposit will be help by SGO and applied to the final month of service in accordance with the terms of the auction listed in the online agreement. Buyer shall pay via ACH Debit (E-Check) or Credit Card and, at their sole discretion, may alter method of payment at any time upon notifying SGO.
The terms and rules set forth below will govern the conduct of auctions conducted through the SGO Marketplace. The auction rules may differ from one type of auction to another, and they may be changed at any time prior to the commencement of an auction by posting the amended auction rules on the Terms and Conditions listed herein. SGO may add, delete or modify the Services in its sole discretion, at any time.
Types of Auctions
SGO offers three different types of Auction formats. Buyers and Sellers should be familiar with the different formats prior to posting an auction or bidding on an auction listing. Sellers select which type of auction they will post.
Open Market Auction – Open Market auctions are available for any registered Buyer to bid on and participate in. SGO will automatically send notice to any registered Buyers in the service area of the products and/or services offered of new auction opportunities as they are posted. Buyers may or may not participate in auctions listed.
Preferred Auction - In a Preferred Auction the Seller selects the bidders that he/she wishes to participate in the offering. The Seller either selects an existing SGO Buyer or invites a new user to the system by entering their email address. SGO will send a email to each of the selected Buyers to invite them into the auction. Buyers may or may not participate in the auction listed.
Private Auction – Sellers that wish to use our system to manage an existing vendor relationship or invite a single, new Buyer may post a Private Auction. In private auctions, Sellers propose the price per gallon they desire and the selected Buyer may accept, reject, or counter-offer the proposed price. SGO will automatically send notice to Buyers in our system and invite non-registered Buyers listed by the Seller to the private auction. Buyers may or may not participate in auctions listed.
SGO does not endorse or guarantee any particular Buyer or Sellerfor any auction or transaction agreement.
By posting any type of Auction, the Seller certifies that it has the required power and authority to act on behalf of its company or organization and agrees to meet all other obligations listed in the Terms and Conditions and the online agreement. By submitting a bid to any type of auction, the Buyer certifies that it has the required power and authority to act on behalf of its company or organization to submit such bid and to pay to SGOand meet all other obligations listed in the Terms and Conditions and the online agreement.
Cancellation or Rejection of an Auction
SGO reserves the right to cancel any auction in the event the Seller ceases to remain a member of SGO or if SGO determines, in its sole discretion, that the auction or any activity in connection therewith is fraudulent or violates any applicable law or regulation, SGO policy, or these auction rules.
A Seller may cancel an auction at any time, for any reason. In the event that an auction is cancelled, SGO will notify all active bidders regarding the cancellation. In the event that the Seller elects to re-post or re-list the auction, either with the same or modified terms, such re-posting will constitute a new auction and the bid process will begin again, subject to approval of SGO.
SGO will make every effort possible not to reveal, to any other party, the identity of a Buyer or Seller participating in an auction. In Open Market and Preferred auctions the identities of the Buyer and Seller will be revealed to the parties upon the completion of the auction.
If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.