Terms of Service

Terms of Service

The following terms and conditions govern all use of the Agatology.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Agatology, LLC ("Agatology"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Agatology' Privacy Policy) and procedures that may be published from time to time on this Site by Agatology (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Agatology, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

 

Your www.Agatology.com Account and Posts

If you create a post on the website, you are responsible for maintaining the security of your account and post, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the blog/posts. You must not describe or assign keywords to your blog/posts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Agatology may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Agatology liability. You must immediately notify Agatology of any unauthorized uses of your blog/posts, your account or any other breaches of security. Agatology will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

By submitting Content to Agatology for inclusion on our Website, you grant Agatology a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your post or auction. If you delete Content, Agatology will use reasonable efforts to remove it  from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Agatology has the right (though not the obligation) to, in Agatology' sole discretion (i) refuse or remove any content that, in Agatology' reasonable opinion, violates any Agatology policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Agatology' sole discretion. Agatology will have no obligation to provide any refund whatsoever of any amounts previously paid. 

 

Payment and Renewal.

General Terms. By selecting a product or service, you agree to pay Agatology the one-time and/or annual, semi-annual, monthly or bi-monthly subscription fees indicated (additional payment terms may be included in other communications). If applicable, Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade or Subscription and will cover the use of that service for a monthly or annual subscription period as indicated. If in force, Subscription or Membership Payments are not refundable for any reason. Even in the event of your removal from the site by an Administrator or Moderator, no refunds will be issued.

 

Automatic Renewal.

While the Renewal feature is not currently in use, the following is applicable to previous, paid subscribers. Unless you notify Agatology before the end of the applicable subscription period that you want to cancel a subscription, your subscription may automatically renew and you authorize us to collect the then-applicable annual, semi-annual, quarterly, or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Agatology in writing. While most upgraded accounts are not intended to be renewed automatically, if such an event arises, you agree to hold Agatology, LLC, its affiliates, heirs, assigns, and advertisers, harmless and without fault.

 

Services.

Fees; Payment. By signing up for an account, you agree to pay Agatology any applicable setup fees, subscription fees, upgrade fees, or recurring fees - if Subscription fees are being charged at that time. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Agatology reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Agatology.

Support. "Priority Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Agatology to respond within one business day) concerning the use of the Registered Subscriber Services only. "Priority"  means that support takes priority over support for users of the standard or free Agatology.com services. All support will be provided in accordance with Agatology standard services practices, procedures and policies.

 

Responsibility of Website Visitors.

Agatology has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Agatology does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Agatology disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which agatology.com links, and that link to agatology.com. Agatology does not have any control over those non-Agatology websites and webpages, and is not responsible for their contents or their use. By linking to a non-Agatology website or webpage, Agatology does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Agatology disclaims any responsibility for any harm resulting from your use of Agatology.com and/or non-Agatology websites and webpages.

 

Copyright Infringement and DMCA Policy.

As Agatology asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by agatology.com violates your copyright, you are encouraged to notify Agatology in accordance with Agatology' Digital Millennium Copyright Act ("DMCA") Policy. Agatology will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Agatology will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Agatology or others. In the case of such termination, Agatology will have no obligation to provide a refund of any amounts previously paid to Agatology.

 

Intellectual Property.

This Agreement does not transfer from Agatology to you any Agatology or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Agatology. Agatology, agatology.com, the agatology.com logo, and all other trademarks, service marks, graphics and logos used in connection with agatology.com, or the Website are trademarks or registered trademarks of Agatology or Agatology' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Agatology or third-party trademarks.

 

Advertisements.

Agatology reserves the right to display advertisements during your time on agatology.com.

 

Changes.

Agatology reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Agatology may also, in the future, offer new services and/or features through the Website (including, the release of new tools, products and resources). Such new features, products and/or services shall be subject to the terms and conditions of this Agreement.

 

Termination.

Agatology may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your agatology.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

Disclaimer of Warranties.

The Website is provided "as is". Agatology and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Agatology nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

In the event Agatology is utilized as a transaction platform, the following will be understood prior to any and all transactions:

  1. Sellers are responsible for all their own tax calculation and payments based on their own financial circumstances. Agatology is not - nor should ever be construed or considered the Sellers employer - nor is Seller an employee in any regard of Agatology, LLC.
  2. All transactions are private transactions between the Seller and the Buyer EXCLUSIVELY. Agatology is simply a platform upon which transactions may or may not take place. Said potential transactions are not, nor should be considered, an interest of Agatology, LLC, it's advertisers, Administrators, Moderators, assigns, heirs, nor any affiliate thereof. Agatology, LLC does not guarantee, warranty, insure or promise either side of any transaction that may occur on the site, nor are any guarantees, warranties, insurances, or promises stated or implied; aside from those expressly and specifically contained herein.
  3. Agatology, LLC hereby disclaims any warranties or guarantees with regard to any transactions that may occur anywhere on this website or elsewhere; aside from those expressly and specifically defined herein.

THE AGATOLOGY GUARANTEE (herein after, "the Guarantee") Definition, Terms, and Limitations:

The Guarantee is defined as: a goodwill promise to refund the buyer their entire purchase price of a particular stone or item if said item isn't received, is received damaged, as well as in the event of fraud, blatant misrepresentation, or other disputed transaction - in the event the seller is unable or unwilling to provide the buyer a refund and in the event the USPS insurance is insufficient or rejected (must attempt recovery through USPS Priority Mail insurance first).

If buyer doesn't receive the item that was ordered/purchased on the Agatology website or, if the item is delivered significantly different than described or significantly damaged, buyer may be eligible to affect the Guarantee, subject to the following Terms, Conditions and Limitations. The Guarantee will refund the money to buyer and buyer agrees to send Agatology, LLC the item, in the condition received. Shipping and insurance will be at the buyer's expense.

Eligibility: for a purchase to be eligible for the Guarantee, the following must be true: purchase was made on the Agatology Website, PayPal was the method of payment, Send to Someone You Trust selected as payment option, made refund request to seller within the 7 day time limit, received a refund denial from seller, attempted resolution with seller, again denied, attempted recovery through USPS included insurance and denied, and requested the Guarantee within 30 days of purchase.

Purchase will be ineligible if buyer used PayPal's "Send with Purchase Protection" option or if buyer paid for item by any other method (C.O.D., check, cash, etc) besides PayPal. In addition, the Guarantee will be null and void if "Local Pickup" was buyer's shipping choice.

The  Guarantee can be rescinded, revoked, or declared invalid at any time, for any reason, by Agatology, LLC.

Agatology, LLC, in their sole discretion, may refuse to honor the Guarantee in the event it can reasonably be believed that the buyer's claim is not in good faith or is fraudulent in nature. Those circumstances may be defined as, but are not limited to:  fraud, providing misinformation, or disingenuous motives backing the claim.

Maximum Claim Amount: the maximum amount the Guarantee will cover is $250.00 per claim, with a lifetime maximum payout per individual of $500.00. These limits may be raised or lowered by Agatology, LLC at any time and without notice. Agatology, LLC can, in its sole discretion, exceed these limits on an individualized basis and is under no obligation to make said exceptions public information.

Each claim's validity will be reviewed and the decision of payment (or lack thereof), method of payment, and/or timing of payment will be solely that of Agatology, LLC and its decision will be final and binding. Agatology reserves the right to demand proof of the following (including, but not limited to): payment amounts and dates, shipping providers and dates, communications between seller and buyer regarding said transaction, and PayPal receipts indicating if Trusted Person option was chosen, and any other pertinent information regarding the transaction. If proof is not provided, the Guarantee (along with any and all warranties, both expressed or implied) will be null and void immediately.

The Guarantee is made as a goodwill gesture by the company for genuine recovery of monies from sellers whom are unwilling or unable to work with the buyer to affect a refund. Agatology, LLC is under no obligation, neither direct nor indirect, to follow through on said gesture. Each claim shall be judged based on its merits and all decisions as to claims, and their validity, that are made by Agatology, LLC shall be deemed final.

Under no circumstance shall the Guarantee payment exceed the amount paid to seller, by buyer. Additionally, the Guarantee does not extend to shipping costs, insurance, commissions, fees, damages, or any other costs not specifically addressed herein.

Regarding Returns/Refunds: If buyer requests 3 or more refunds within any 1 (one) calendar year, buyer will not be allowed to bid on nor purchase any additional items from this website for a period of 12 months from date of 3rd Refund Request.  Refunds shall be rare. However, returns and refunds are sometimes a necessity.


Limitation of Liability.

In no event will Agatology, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Agatology under this agreement during the twelve (12) month period prior to the cause of action. Agatology shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Agatology Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification.

You agree to indemnify and hold harmless Agatology, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

Miscellaneous.

This Agreement constitutes the entire agreement between Agatology and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Agatology, or by the posting by Agatology of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Wisconsin, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Douglas County, Wisconsin. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Superior, Wisconsin, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Agatology may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Copyright © 2022- Glen Bayless & Agatology, LLC. All Rights Reserved.