February 1, 2008

Issue:  #2 - JvK

 

 

Auction & CVI Policies:

Warranty & Returns:    All items are sold in "AS IS, AS AVAILABLE & WHERE IS" condition without warranty of any kind, expressed or implied, and the sale of all items are final - Note: CVI-USA DOES NOT ACCEPT RETURNS.  Ask any and all questions prior to your bidding. This agreement shall be governed by and construed in accordance with the laws of the State of Ohio, the State of the Auction Service and without giving effect to any principles of conflicts of law.     

Shipping & Handling: Shipping (Postal Fees) and handling fees (Material & Services) are ADDED to the "high bid" price of the successful bidder.  Buyers are expected to pay all shipping, handling fees and insurance (optional).  CVI or agents are not responsible for item damage, or item loss through the various shipping services.

Payment:  Payment, must be made in full prior to shipment.  PayPal is the ONLY accepted method method of payment.

Non-Responsive Bidders:  A Bidder must contact seller within 3 days of auction close and payment is expected within 10 days of auction close.  Unless arranged otherwise between seller and buyer.  Otherwise, Auction Bidders who do not complete transactions will be reported to the proper authority and/or referred to a debt collection agency.  Any fees incurred in the collection of debt will also be collected.   Additionally, non-responsive & non-payment bidders will have a Square Trade Case filed.  Case will be closed when resolved to the satisfaction of CVI.

Feedback:  is respectively requested from the buyer.  CVI in turn will post feedback for individuals on the transaction. 

Eligible Bidders:  CVI will NOT ACCEPT BIDS from individuals that have 3 or more  NEGATIVE FEED BACK COMMENTS in the a single month.  Additionally, CVI WILL NOT ACCEPT BIDS  from individuals that have a 0 FEED BACK COMMENTS unless they are a NEW USER of 30 days or less.

Ohio Purchasers take Note: You are subject to the current Ohio Tax rate for the county in which you reside after July 1, 2005.  The current Tax Rate of Portage County is 6.75%.  Taxes are ADDED to the purchase price before applying shipping & handling fees to any receiving address in the State of Ohio.

 

Any concerns should be addressed prior to your bidding and days before the auction close.

 

 


 

Disclaimer of:

Computer Vistas Inc.

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.   By using this site, you signify your assent to these terms. If you do not agree to these terms of use, please do not use the site or purchase any products.

RESTRICTIONS ON USE OF MATERIALS:

    This site is owned and operated by Computer Vistas Inc. (referred to as "we," "us" or "our" herein). No material from www.cvi-usa.com, the Metal Detecting and Electronic Archaeology (MDEA-2) Listserv or any Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights.

    In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or by the respective owners of the software. We do not or cannot transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

All SUBMISSIONS:

    Computer Vistas Inc. does not guarantee the right to free speech. If your messages are insulting or abusive to others or to visitors CVI reserves the right to modify or remove anything submitted without prior notice. Actions or activities that may cause removal include but are not limited to, the following:

  • nudity, pornography, sexual material, hate propaganda or hate mongering, swearing, or fraudulent material or activity;
  • any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights;
  • any material that is threatening, abusive, harassing, defamatory, invasive or privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; or that violates any law or gives rise to any legal liability;
  • material that promotes, encourages, or provides instructions information about illegal activities; any software, information or other material that contains a virus, corrupted data, or any other harmful or damaging component;
  • any raffle, contest, or game requiring payment of a fee by participants.
  • Sending unsolicited email using a CVI address, MDEA-2 Listserv or containing any reference to CVI, membership or Joseph V. Kocian or any other member of CVI.

    We are pleased to hear from individuals and welcome your comments. Our long-standing company policy is to allow posting of creative ideas, suggestions or materials in addition to those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send CVI, post on the MDEA; Teacher Talk; Electronic Archaeology & Collecting areas any copyrighted materials (unless that material is your own or you have in writing the owners permission). A disclaimer to that effect must be then posted with the item giving the credit and permission to the original owner.

    If, you post on the areas, listserv or send to Computer Vistas Inc., or Joseph V. Kocian, creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, shall become and shall remain, the property of Computer Vistas Inc., or Joseph V. Kocian. None of the Information shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

JURISDICTIONAL ISSUES:

    Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting Computer Vistas Inc., the MDEA, Joseph V. Kocian, and other products available in the United States, its territories, possessions and protectorates. We control, and operate this site from our offices within the State of Ohio, United States of America. We make no representation that materials, products, services in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Products, Software and Services from this site is further subject to United States export controls. No Product, Software or Service from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, purchasing, or using the Software, Product, Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION:

    This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all of our sites and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all of our other sites and all copies thereof, whether made under the terms of this agreement or otherwise.

MATERIAL DISCLAIMER:

    THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY:

    Under no circumstances, including, but not limited to, negligence, shall we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if we or our authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER:

    This agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed several from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Trademarks, Trade Names:

    Some items referred to may be the trademark or trade names of companies and/or their respective products and some art work is the property of The Animation Factory. Therefore, additional credit is given to the following: Animations and Artwork created by Ryan Hagen, Art Holden, Steve Larson, Jim Maloney Booklet Cover, CD Face and Auto-Run Artwork Created by Josh Doohen HTML design Team: Dan Abbott, Aaron Thoreson Support Staff: Michele Holden, Sara Maloney, Karla Schumaker. Some animations and images created using 3D models from Universal 3DCD & Digital Museum by Dedicated Digital. Some animations and images created using 3D models from the LIGHT-ROM CD collections. Some animations and images created in part using the FireCD by Media Lab and Exodus.

Lawful use Required:

    The Website may only be used for lawful purposes. Use of the Website for lawful commercial purposes is both permitted and encouraged. Transmission of any material in violation of any federal state or local law or regulation of the procedures is prohibited.

Termination of Membership Metal Detecting and Electronic Archaeology (MDEA-2) Listserv:

    Members of the Metal Detecting and Electronic Archaeology (MDEA-2) Listserv may be expelled or suspended, and their membership terminated, by Computer Vistas Inc. Each member will be given at least fifteen (15) days', or such other greater or less period of time required under Ohio law, prior written notice setting forth the reasons for the expulsion, suspension or termination. Computer Vistas shall provide an opportunity for the member to present arguments opposing such expulsion, suspension or termination, orally or in writing, at least five (5) days, or such other greater or less period of time required under Ohio law, before the effective date of said expulsion, suspension or termination, to the person or persons authorized to decide whether the proposed expulsion, termination or suspension should take place. Computer Vistas Inc. may expel or suspend any member for any reason if it determines, within its sole discretion, that such expulsion or suspension would be in the best interest of the MDEA-2; including without limitation, for any member's violation of the MDEA-2 rules of the MDEA-2. All expulsions, suspensions and terminations shall be final without any right of appeal.

    Any membership dues paid by an expelled member WILL NOT be refunded by Computer Vistas Inc. Notwithstanding the foregoing, if Computer Vistas Inc. shall be amended to provide notice required under the rules to be given by a means other than in writing, notice given by such other means shall be deemed to meet the requirements of the rules.

MDEA Membership Fees:

    Cost of membership in the MDEA-2 is valued at $20.00 per year. MEMBERSHIP FEES CURRENTLY ARE "WAIVED".  A year is defined from July 1 to June 30. Payment or joining the MDEA-2 as a member will be considered agreement of the policies of Computer Vistas Inc.

Privacy Information:

    A Special Note About Children.  Children under the age of 13 are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to CVI or any other member on the list. If you are a minor, you can use this service only in conjunction with your parent(s) or guardian(s) supervision.

Information We Collect:
    Our primary goal in collecting personal information from you is to provide you with a smooth, efficient, and customized experience while viewing WWW.CVI-USA.COM.  This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and quicker.

    We automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address.

    In addition, we may use cookies on certain pages of our site. We may also offer certain features that are only available through the use of a cookie. Among other reasons why we use cookies, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. 

    Cookies are stored on your hard drive, not on our site. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session.

    On our auctions if you choose to bid, we collect information about your bidding, buying and selling behavior. We also collect other users' comments about you from the feedback area.

    If you choose to post messages on our Listserv, chat areas or other message areas or leave feedback for other users, we will collect such information about you as you choose to disclose.

    If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific about you.

    If you use a service provided by a company providing a service co-branded with CVI-USA (a "Co-Brand Service Provider"), the Co-Brand Service Provider may provide personal information about you.

Our Use of Your Information:  We use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services. We believe these uses allow us to improve our site and better tailor it to meet our users' needs.

    We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as targeted banners, new services and promotions. By accepting the terms in this CVI Disclaimer you expressly agree to receive this information. You can remove yourself from receiving some of this information by changing the appropriate option through notification.

    We use your email address, your mailing address, and phone number to contact you regarding administrative items, new product offerings, and communications relevant to your use of the Site. If you do not wish to receive these communications, you may have the ability withdraw from the WWW.CVI-USA.COM site

    We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. 

    At times, we may look across multiple users to identify problems or resolve disputes, and in particular on rare occasions we may evaluate your information to look for users using multiple User IDs or aliases.

Our Disclosure of Your Information:
    Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. Further, we can (and you authorize us to) disclose your account, name, street address, city, state, zip code, country, phone number, email, and company to participants as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. 

    Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private.

    As a general proposition, we do not sell or rent any personally identifiable information about you to any third party. The following describes some of the ways that your personally identifiable information may be disclosed.

    Legal Requests. WWW.CVI-USA.COM cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. 

    By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the Site or through an CVI-USA related communication or transaction, WWW.CVI-USA.COM hereby grants to you a license to use such information only for: (a) CVI related communications that are not unsolicited commercial messages, (b) using co-branded services offered through (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that such user expressly opts into after adequate disclosure of the purposes. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure.

    WWW.CVI-USA.COM and our users do not tolerate Spam.  Therefore, without limiting the foregoing, you are not licensed to add an eBay user—even a user who has purchased an auction item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.

    We do not use the email addresses you enter for any purpose other than to contact you at  your email. We do not rent or sell these email addresses. Indeed, we generally discard the email addresses at some point after they have been used to send your email.

  WBCC Gallery:  This gallery of photos belong to the WBCC organization and is displayed with the permission of the WBCC and respective owners.  They are provided here by CVI for research and information and are protected under copyright.

 

 

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Last modified: Saturday, January 05, 2008