Effective: September 17, 2012
Last Updated: N/A
This user agreement may change from time to time; you are responsible for reviewing this user agreement periodically for any changes.
The Sell It Forward website (the “Site”) and service (the “Service”) are owned and operated by eBay Inc., 2145 Hamilton Avenue, San Jose, California, 95125 USA. This user agreement and any other legal notices published by eBay on the Site constitute the entire agreement between you and eBay concerning your use of this Site/Service.
Please be advised: This user agreement contains provisions that govern how claims you and eBay have against each other are resolved (see Section 11: Legal Disputes below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against eBay to binding and final arbitration (see Section 11: Legal Disputes, Section B ("Agreement to Arbitrate")). You will only be permitted to pursue claims against eBay on an individual basis, not as part of any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Acceptance of User Agreement. By visiting or using this Site/Service, you are expressly agreeing to and accepting this user agreement (the “User Agreement”). As used herein, “eBay” means eBay Inc., including all affiliates and subsidiaries and their successors and assigns, including without limitation PayPal. If you do not agree to this User Agreement, please do not use this Site/Service.
2. Third Party Websites/Services, PayPal, and Links.
(a) Third Party Websites/Services. This Site/Service may utilize social networking “share” functionality and may also contain links to third party websites or services that are not owned or controlled by eBay (e.g. Twitter, Facebook). eBay has no control over, and assumes no responsibility for the content, privacy policies, or practices of any social networking service provider or any third party website or service. By using this Site/Service, you expressly relieve eBay from any and all liability arising from your use of any social networking functionality or any third-party website or service accessed from this Site/Service.
(b) PayPal. PayPal is currently the only method for you to receive payment through this Service. If you do not, or cannot, open a PayPal account, you can still donate your items and get a donation receipt, but you will not receive payment for sold items.
(c) Linking Policy. eBay welcomes you to add this Site to your website or blog, provided that: (i) you don’t misrepresent any relationship between you and eBay, or imply that eBay endorses or approves of your website or blog; and (ii) your website or blog is consistent with this User Agreement.
3. Content.
(a) eBay Content. Except as provided otherwise in this User Agreement, eBay owns or is the licensee or lawful user of the content contained in the Site (“eBay Content”). The eBay Content is provided to you “as-is” for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of eBay.
(b) Social Networking Content. Some content from social networking functionality may be made available to you for your information and personal use when using this Site. Such content is made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of this Site/Service, or as otherwise prohibited by this User Agreement. eBay is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any social networking content. eBay does not endorse any social networking content or any opinion, recommendation, or advice expressed therein, and eBay expressly disclaims any and all liability in connection with such content. Further, you may be exposed to social networking content that is inaccurate or objectionable, and you expressly waive any legal or equitable rights or remedies you have or may have against eBay.
4. Grant of Rights and Ownership. eBay grants you permission to access, use and link to this Site/Service for your personal use solely as intended through the provided functionality and only in accordance with this User Agreement. eBay retains all ownership rights in the eBay and Sell It Forward names, trademarks, logos and related intellectual property rights (collectively, “eBay Marks”). eBay further grants you a limited, revocable, worldwide, non-exclusive, non-sub licensable, and non-transferrable license to use the eBay Marks to link to this Site. Any other use of the eBay Marks or any eBay intellectual property is prohibited. eBay reserves all rights not expressly granted to you herein.
5. Representations and Warranties. You represent and warrant that:
(a) you will not use, copy, or distribute in any medium any part of this Site/Service without eBay’s prior written authorization;
(b) you will not alter or modify any part of this Site/Service nor circumvent, disable or otherwise interfere with security, copy-protection, or use-restriction features of the Site/Service;
(c) access the Site/Service through any technology or means other than as explicitly authorized by eBay (e.g. via any automated system, including without limitation, “robots” or “spiders” or mechanism for scraping);
(d) you will not use the Site/Service or share functionality for any commercial use, without the prior written authorization of eBay. Prohibited commercial uses include using this Site/Service for primarily gaining advertising or subscription revenue or soliciting users of the Site/Service for commercial purposes; and
(e) you will not collect any personally identifiable information from the Site/Service.
6. DISCLAIMER. YOUR USE OF THIS SITE/SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EBAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE/SERVICE AND YOUR USE THEREOF. EBAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
EBAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE/SERVICE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THE SITE/SERVICE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE/SERVICE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SITE/SERVICE.
EBAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THIS SITE/SERVICE. EBAY IS NOT RESPONSIBLE FOR THE LOSS OR DAMAGE TO ANY DONATED ITEM.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL EBAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OR LOSS (OF ANY NATURE) RESULTING FROM YOUR USE OF THIS SITE/SERVICE, (C) UNAUTHORIZED ACCESS TO OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN, (D) INTERRUPTION OF THIS SITE/SERVICE, (E) BUGS, VIRUSES, OR SIMILAR CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE/SERVICE BY ANY THIRD PARTY, OR (F) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THIS SITE/SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY’S CUMULATIVE LIABILITY UNDER ANY LEGAL THEORY WILL NOT EXCEED $100.
8. Indemnity. You will defend, indemnify and hold harmless eBay and all its respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your misuse of this Site/Service; (b) your violation of any term of this User Agreement; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of this Site/Service caused damage to a third party. Your indemnity obligation survives this User Agreement or your use of this Site/Service.
9. Updates to this User Agreement. eBay reserves the right to amend this User Agreement at any time. Any changes to this User Agreement will be effective thirty (30) days after the date they are posted at this Site. You are responsible for reviewing this User Agreement from time-to-time for any changes. Your use of this Site/Service following any amendment of this User Agreement is your acceptance of its revised terms.
10. Miscellaneous. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by eBay without restriction at any time. eBay reserves the right to discontinue this Site/Service, or any aspect thereof at any time. This Site/Service is intended for use only in the United States. eBay makes no representations that this Site/Service is appropriate or available for use in locations other than the United States. Those who access or use this Site/Service from other jurisdictions are responsible for compliance with their local laws. If any provision of this User Agreement is deemed invalid by a court of competent jurisdiction, the invalid provision will not affect the validity of the remaining provisions of this User Agreement, which remain in full force and effect. No waiver of any term of this User Agreement is a further or continuing waiver of such term or any other term, and eBay’s failure to assert any right or provision under this User Agreement does not constitute a waiver of such right or provision. Nothing herein constitutes an employment, joint venture, or partnership relationship between you and eBay. You are not the agent or authorized to act as the agent of eBay in any respect.
You and eBay agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will impact how claims you and eBay have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and eBay, except as otherwise stated in this User Agreement.
You and eBay each agree that any and all disputes or claims that have arisen or may arise between you and eBay shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
2. Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator also must follow the terms of this User Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or eBay may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and eBay subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or eBay, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different eBay users, but is bound by rulings in prior arbitrations involving the same eBay user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, eBay will pay all filling, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eBay should be submitted by mail to the AAA along with your Demand for Arbitration and eBay will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, eBay will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eBay for all fees associated with the arbitration paid by eBay on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
4. Severability
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of this User Agreement and its Legal Disputes Section will continue to apply.
5. Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in this User Agreement to the contrary, you and eBay agree that if eBay makes any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided eBay with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in this User Agreement, any such termination shall not be effective until 30 days after the version of this User Agreement not containing the Agreement to Arbitrate is posted to http://www.sellitforward.com, and shall not be effective as to any claim of which you provided eBay with written notice prior to the effective date of termination.
C. Judicial Forum for Legal Disputes
Unless you and eBay agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and eBay must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eBay agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
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