LabX User Agreement
The following document defines the terms on which LabX offers service access and under no circumstances can these terms and conditions be altered without the written consent of a LabX authorized officer.
This agreement may be modified by LabX at any time without notice and it is the deemed responsibility of the users of LabX to check periodically for modifications.
1. Membership Eligibility
LabX offers its services only to individuals who are able to enter into legally binding contracts. LabX does not offer services to minors or to users who have been temporarily or permanently suspended from using LabX for any reason. Further, LabX may refuse services to individuals or entities which, at the sole discretion of LabX, have been determined to pose harm or detriment to the LabX website.
2. Fees and Services
LabX offers many services at no charge. These services include but are not limited to browsing, searching, registering, and bidding. We reserve the right to modify our fee schedule at any time without advance notice. Notification of any charges to your account will be sent before they are incurred. All fees for LabX services are quoted in U. S. Dollars. Users are responsible for paying all fees and any applicable taxes incurred while using LabX services.
3. LabX is a Media and Classified Advertising Service and Does Not Take Any Title to Goods
3.1 Listings and LabAuctions Although LabX provides a forum for buyers and sellers to negotiate a price and purchase used and surplus laboratory equipment, LabX is not a traditional auctioneer. LabX acts as a media service which allows anyone to offer, sell, solicit a purchase, and buy anything related to the laboratory, medical, or test/measurement areas, at any time, from anywhere around the world, in many different formats, including but not limited to a fixed-price format, an auction-style format (commonly referred to as a "LabAuction"), and an equipment-wanted format. LabX is not and will not become involved in the actual transaction between buyers and sellers. Subsequently, LabX can exercise no control over the quality, safety, or legality of the items advertised. LabX also has no ability to verify the truth or accuracy of the listings, the ability of the sellers to sell items, or the ability of the buyers to buy items. WE CANNOT ENSURE THAT A BUYER OR A SELLER WILL COMPLETE A TRANSACTION.
3.2 User Authentication. Due to the anonymous nature of the Internet, it is difficult and sometimes impossible to confirm each user's purported identity. LabX also encourages communication directly with potential trading partners through the tools available on our site. To add an additional level of security to any transaction, LabX recommends the use of a third-party payment service or escrow provider when conducting a transaction with an unknown individual or company.
3.3 Release. LabX provides only the "service" which allows buyers and sellers to connect. LabX is not involved in the actual transaction. In the event that a dispute erupts with one or more users, LabX (its officers, directors, agents, employees, and subsidiaries) is released from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes.
3.4 Information Control. LabX does not control the information provided by any user and made available through the LabX system. Please be aware that other users' information may be found to be offensive, harmful, inaccurate, or deceptive. Exercise caution, common sense, and safe trading practices when using the LabX website. Please note that there are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks when dealing with international trade and foreign nationals.
4. Listing and Selling
4.1 Listing Description. All users must be legally able to sell any item(s) posted for sale on the LabX.com website. A full description of the item, including all terms of sale, should be included on the listing page. Listings may include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. If no category is selected, LabX will categorize each classified advertisement or auction as it deems appropriate.
4.1.1 Hyperlinks. The use of a hyperlink in any LabX listing is exclusively reserved for LabX Advertising Sponsors. LabX will automatically include a hyperlink for all sponsors in their posted ads. Sponsors who have a specific need to include an additional hyperlink in their ad should contact their LabX sales representative for details. Wanted Ads are not permitted to have hyperlinks in them from any sponsor or non-sponsor. Any hyperlinks submitted by non-sponsors into LabX listings will be removed without notice. For more information about the use of hyperlinks in your ads contact LabX Customer Support.
4.2 Price Manipulation. Price manipulation is prohibited. If LabX determines that a user has manipulated or attempted to manipulate the final sale price of any item, that user will be immediately suspended from the LabX system without notice.
4.3 Fraud. In addition to other penalties, LabX may suspend or terminate a user account if fraud is suspected. Any reports of fraudulent behavior on LabX are taken very seriously and thoroughly investigated.
4.4 Cancellations and Refunds. As the seller of an item, withdrawal of any item from an auction is only acceptable if the item has been damaged or stolen in the period between the initial listing date and the date of the close of the auction, or if the condition or description has been inadvertently misrepresented in the auction text. It is not acceptable to withdraw an item from the auction forum prior to the close of the auction to accommodate alternate sales arrangements. Under no circumstances is a bidder permitted to offer to purchase the item immediately except in cases where the Auction Stop feature is utilized. Refunds for cancelled advertisements will be made according to the following refund schedule:
4.4.1 All Other LabX Classified Ads. Credit will be awarded for any ad cancelled in writing, if you submit your request to cancel the advertisement to email@example.com within 24 hours of posting the advertisement. LabX will process all cancellation requests regardless of the time frame in which they were received; however, credit will only be refunded to those classified advertisements whose request was received within 24 hours of the original posting.
5. Solicitation And Interference
The LabX system encourages the open exchange of all types of industrial and scientific equipment, supplies, and other artifacts. Use of the LabX system to solicit against the interests of LabX and its users is prohibited. LabX users who solicit in the following ways will be liable for damages suffered by LabX:
5.1 Solicitation Against LabX. Any user who mines the LabX system to refer our users to competitive websites will be suspended from the LabX system.
5.2 Fair Access. A user or company can make up to ten (10) e- mail ad inquiries per day or 25 e-mail ad inquiries per seven (7) day period. Companies with multiple user accounts are also limited to ten (10) e-mail ad inquiries per day or 25 e-mail ad inquiries per seven (7) day period from all their user accounts combined. LabX processes e-mail from thousands of different users per month and our fair use policy (ten inquiries per day - 25 per week) meets the needs of over 99.9% of LabX e-mail users.
6. LabX Wanted Ads
LabX is a forum dedicated to serving the needs of scientific, medical and test/measurement users all around the globe. In an effort to help users locate equipment which is obsolete or "hard to find," LabX has established this free service for this purpose. This service is limited for use as follows:
6.1 Non-commercial Use. The LabX Wanted Ads are not to be used to promote traffic to another website or to promote a business endeavor. LabX Wanted Ads are to be used by individuals or companies looking to find an instrument, accessory, or part for their own use. Wanted Ads are not for use by companies looking to obtain instruments or equipment for immediate resale or for repair and resale. Any Wanted Ads which are overtly commercial or perceived to be commercial by LabX will be removed from the LabX system without notice. Vendors are encouraged to use the LabX Announcement ads or purchase a Various Items Wanted ad to locate equipment for resale.
6.2 Relevant Requests. The LabX Wanted Ads are limited in scope. Ads must pertain to requests for scientific, medical, or test/measurement instruments, equipment, accessories, parts, or supplies. Any advertisement which does not meet this criterion will be removed from the LabX system without notice.
6.3 All Rights Reserved. LabX reserves all rights to approve or decline a Wanted Ad for any reason it deems appropriate without explanation or notice.
7. Personal Information
7.1 Definition. "Personal Information" is defined as any information provided during the registration, bidding, or listing process, in any public message area, or through any e-mail feature. Users are solely responsible for all personal information, and LabX acts as a passive conduit for online distribution and publication of the user's personal information.
7.2 Restrictions. Personal Information (or any items listed): must be explicitly and implicitly accurate; must not be fraudulent; must not be illegal; must be appropriate and pertinent to the subject matter of the LabX.com website; and must not contain any hyperlinks to locations outside of the LabX.com site without prior authorization from LabX or in cases in which this information is specifically requested by LabX. LabX reserves the right to modify or remove any information from the site for any reason it deems necessary.
8. Access and Interference
It is agreed that there will be no use of any robot, spider, other communication device, or manual process to monitor or copy LabX web pages or the content contained herein without prior expressed written permission from LabX. It is agreed that use of any device, software, or routine to interfere or attempt to interfere with the proper working of the LabX site or any auction being conducted is prohibited. It is agreed that no action will be taken that imposes an unreasonable or disproportionately large load on LabX infrastructure. Much of the information on the LabX site is updated on a real-time basis. It is agreed that no user shall copy, reproduce, alter, modify, create derivative works, or publicly display any content from the LabX website without the prior expressed written permission of LabX or the appropriate third party.
The LabX User Rating system has been implemented to assist users when evaluating potential trading partners. Currently, the LabX User Rating System allows only the declared winner of a LabAuction and the seller to rate each other and only if a transaction has been completed. In the event that a transaction has not been completed, it is forbidden to submit feedback about the transaction, and the incomplete transaction should be entered appropriately in the "Incomplete Transaction" area. The LabX User Rating System also allows each member to respond to any feedback submitted. It is agreed that by using the LabX User Rating System, no action will be taken which will undermine the integrity of the LabX User Rating System. LabX cannot moderate or verify any information that is submitted via the user rating system. Once a user has submitted feedback to LabX via the appropriate form, these remarks and ratings are permanent and will not be removed or modified by LabX except under very specific circumstances.
In addition to other potential penalties, LabX may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate membership and refuse to provide services if: (a) there is a breach of this Agreement or the documents to which it refers; (b) LabX is unable to verify or authenticate any information provided; (c) LabX believes that a user's actions may cause legal liability.
12. Additional Legal Information
12.1 No Warranty. LabX and its suppliers provide its website and services "as is" and without any warranty or condition, expressed, implied or statutory. LabX and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
12.2 Liability Limit. In no event shall LabX or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the site, the services, or this agreement (however arising, including negligence).
12.3 Indemnity. It is agreed to indemnify and hold LabX and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any breach of this Agreement or the documents to which it refers, or violation of any law or rights of a third party.
12.4 Legal Compliance. All users shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of this service and bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
12.5 No Agency. All users and LabX are independent contractors, and no agency, partnership, joint venture, employer- employee, or franchiser-franchisee relationship is intended or created by this Agreement.
12.6 Notices. Except as explicitly stated otherwise, any notices shall be given by certified postal mail to LabX, ATTN: Legal Department, P. O. Box 216, 478 Bay Street, Midland, Ontario, Canada, L4R 1K9 (in the case of LabX) or to the e-mail address the user provides to LabX during the registration process (in the user's case). Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, LabX may give notice by certified mail, postage prepaid and return receipt requested, to the address provided to LabX during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
12.7 General. This Agreement shall be governed in all respects by the Province of Ontario as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. LabX does not guarantee continuous, uninterrupted, or secure access to services, and operation of the site may be interfered with by many factors beyond LabX's control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. It is agreed that this Agreement and all incorporated agreements may be automatically assigned by LabX, in sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purpose only and in no way define, limit, construe, or describe the scope or extent of such section. LabX's failure to act with respect to a breach does not waive the right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between parties with respect to the subject matter hereof.
12.8 Disclosures. The services hereunder are offered by LabX, located at P. O. Box 216, 478 Bay Street, Midland, Ontario, Canada, L4R 1K9.
For more information Contact Us
Buyer & Seller Best Practices
LabX takes all user-to-user communications very seriously and we reserve the right to monitor, delete or ban users who we consider inappropriate, disrespectful, etc. Members are encouraged to do their part in creating smooth and simple transactions.
While contacting other members, please:
- Use only your real information (name, phone number, company name, etc.) Fake identification or information will not be tolerated
- Treat other users with respect and kindness; rude comments, racism, hate speech, etc. is prohibited
- Only inquire about the relevant item in the ad; spamming and/or commercial offers are not allowed
- If available, include the tracking number after the sale has been completed
- Keep in mind that failure to respond respectfully or in a timely manner may mean poor ratings from buyers
- Try your best to describe/show your items as accurately as possible, to avoid any miscommunication between the buyers and sellers.
Issues or disputes between buyers and sellers should be resolved respectfully between the two of them, however LabX will become involved if necessary. If you have received any communications that violate any of the above guidelines, or are having an issue with another user, please let us know at firstname.lastname@example.org
If any of the above guidelines are violated, LabX may place certain limitations on your selling/buying privileges, which may include placing your ads on hold, or limiting access to certain parts of LabX.
LabX Media group is a diversified global media company consisting of a multitude of media platforms. This offers many advantages to our users – especially sellers, as their ads are often posted on multiple LabX affiliated sites, offering more advertising exposure, which generates more leads per listing. By posting your items for sale on LabX, you are allowing LabX to post your ad on our sister websites.