You may cancel your account at any time. However, You may still be charged by Us for any subscription fees due to Us and/or by a Seller for any fees and costs associated with any offers You accepted and agreed to prior to cancelling your account with Us, including for any shipping and handling fees.
Treasurebee.com is a platform and marketplace for buyers and sellers to video chat, buy, sell, and trade various goods. The marketplaces served are an aggregate of retailers, dealers, enthusiasts, collectors, and other sellers. Any actual contract for sale of a product listed on the Service is directly between a Service user selling an item (the “Seller”) and a Service user buying an item (the “Buyer”). Company merely facilitates the sale and interaction between the Seller and Buyer. While We may provide pricing, shipping, listing, and other guidance in the Service, such guidance is solely informational and You may decide to follow it or not.
Accessing the Service and Account Security
We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, with or without notice, We may restrict access to some parts of the Service, or the entire Service, regardless of registration status to users, including registered Users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Service, including sole responsibility for all Internet, data, and connectivity costs, fees, and taxes;
If You choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your account is personal to You and agree not to provide any other person with access to this Service or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that You log out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Service currently provides three manners for purchasing products on sale by Sellers:
- Offer to negotiate and purchase an item at a specific price through a video chat (the “Video Offer Method”)”).
- Offer to purchase an item at a specific price through a text chat (the “Text Offer Method”).
- Commit to buy an item at a set price (the “Set Price Method”).
An item for sale by a Seller may be available for purchased using the Video Offer Method, the Set Price Method, both the Video Offer Method and the Set Price Method together, or both the Text Offer Method and the Set Price Method together. The buying process for the Video Offer Method, the Text Offer Method, and the Set Price Method are set forth below.
Video Offer Method
This primary feature is used when a Seller is available to speak with, or is selling an item using the Video Offer Method., (through the video chat feature of the Service). A Seller can set their status to indicate whether they are available to have a video or audio conference and/or text chat over instant messenger. Sellers can set their status to “Online,” “At Event” (which is the same as “Online”, but your location is at a live or temporary event), “Away”, or “Offline.” Status is set automatically to “Online,” but Sellers can change status at any time. Buyers can contact any Seller with a status set to “Online” or “At Event.” Buyers may directly contact a Seller with an “Online” or “At Event” status to initiate a video or audio conference and/or text chat over instant messenger to discuss an item (“Conversation Request”). Sellers may agree to a Conversation Request from a Buyer, using any combination of video or audio conference and/or text chat. Buyers may leave a text chat message for any Seller whose status is set to “Online” but does not respond to a Conversation Request or may leave such a message with any Seller whose status is set to “Away” or “Offline.”
The process for selling an item using the Video Offer Method is the same as described in the Text Offer Method. For purposes of clarity, when Buyer and Seller are engaged in a video conference they will access the text chat feature (by clicking on the text chat icon on the video conference screen) to consummate the transaction using the Text Offer Method.
Text Offer Method
Buyers can also contact the Seller directly using text chat and come to an agreed upon price for the sale of the item. You agree that no price is agreed to between the Buyer and Seller until confirmed on our Service by both the Buyer and Seller. To be effective, any offer made though our Service must be made using the “Click Here to Make an Offer” button or by using the “Counter” response option (each, an “Offer”). An effective Offer can be accepted by a Seller unless it is first rescinded by the Buyer using the button that appears after the receipt of an Offer. For the avoidance of doubt, an Offer may only be effectively rescinded if our Service processes the rescission of an Offer before it processes any acceptance of the same Offer. If our Service processes an acceptance of an Offer before any effective rescission, You must pay for the item immediately to finalize the sale with the Seller. See Buyer Purchasing Conditions for more details.
Set Price Method
If a Seller is selling an item using the Set Price Method, a Buyer can buy that item at the set price by clicking the “Buy Now” button, confirming or inputting your information, and clicking the “Purchase” button. If the Buyer commits to buy the item at the original set price as originally created by the Seller, the Buyer must pay for the item immediately to finalize the sale with the Seller. Sales under the Set Price Method are made on a first-come, first-served basis, namely the Buyer who inputs payment information and clicks on the “Purchase” button before any other Buyer. It may take 2 to 3 days for a transaction to be completed. See Buyer Purchasing Conditions for more details.
Payment and Shipping
If the Buyer purchases using the Video Offer Method or the Text Offer Method, the Buyer must pay for the item at the agreed upon purchase offer price within seventy-two (72) hours from the acceptance of the Offer by both the Buyer and the Seller. If the Buyer is purchasing using the Set Price Method or Text Offer Method, the Buyer must pay for the item immediately in order to effect the sale of the Seller’s item. If the Buyer fails to make full payment within the time frames provided, no sale of the item has been made and any contract to purchase the item is void.
The price of the item may include the costs of shipping the item to the Buyer. If expressly stated in the Seller’s Offer, in the Set Price Method price quote, or in the Seller’s Offer and the Buyer’s acceptance memorialized via the Video Offer Method or the Text Offer Method, the price of the item includes the costs of shipping and handling and the Seller should arrange for shipping and then ship the item to the Buyer within seventy-two (72) hours after payment is received in the Seller’s bank account. Buyers and Sellers are responsible for any arrangements and agreements regarding shipping and handling, including but not limited to timing for sending a shipment, any shipping-related costs and fees, shipping methods, speed of delivery, and any policies regarding item returns. Treasurebee is not responsible for shipping or returns in any way and the terms of all payment transactions are set by the Stripe® payment platform terms of service. See Payment Transaction.
If the item price does not include the cost of shipping and handling, and the item listing provided by the Seller specifically states that any shipping and handling costs will be calculated after the Buyer buys the listed item, the Buyer agrees and understands that there may be additional costs in order to ship the item to the Buyer, and any additional cost for shipping and handling will be added onto the Video Offer Method cost, Text Offer Method cost, or the Set Price Method cost.
If the Seller notes on the item listing that the price of shipping is to be determined after a Buyer purchases the item, , the Buyer agrees and understands that there may be additional costs in order to ship the item to the Buyer. In such circumstances, here’s what happens next:
- Within seventy-two (72) hours of receipt of the payment from the Buyer, the Seller should use the Service to provide the Buyer a price quote(s) for the cost and method of shipping the item. Of course the Seller may provide price quotes for different shipping options.
- If the Seller does not use the Service to provide a shipping quote to the Buyer within this seventy-two (72) hour timeframe, the Buyer may cancel purchase of the item. If a Buyer cancels the purchase under these circumstances, the Seller should return the Buyer’s payments made for the item and the transaction between the Buyer and the Seller will be cancelled.
- Within seventy-two (72) hours of receiving a shipping price quote(s) from the Seller, the Buyer should use the Service to accept one of the price quote(s) and should pay the Seller to cover the shipping fees.
- If the Buyer does not use the Service within this seventy-two (72) hour timeframe to agree to or to pay the Seller’s shipping quote(s), the Seller may cancel sale of the item to the Buyer. If a Seller cancels the sale under these circumstances, the Seller should return any payments made by the Buyer for the item and the transaction between the Buyer and the Seller will be cancelled.
- After the Buyer selects and pays the shipping price quote, within seventy-two (72) hours of the shipping payment being received in the Seller’s bank account the Seller should ship the item accordingly and provide the Buyer with any related shipping information.
- If the Seller does not timely ship or provide shipping information to the Buyer within this seventy-two (72) hour timeframe, the Buyer may cancel purchase of the item. If a Buyer cancels the purchase under these circumstances, the Seller should return any payments the Buyer made for the item, as well as any payments the Buyer made for shipping the item, and the transaction between the Buyer and the Seller will be cancelled.
As a Buyer, you agree that:
- Your account does not contain any false contact information;
- You cannot sell or offer to sell any item on the Service, unless You register as a Seller on the Service and pay any applicable fees;
- You are responsible for reading the full item listing and for discussing details about any item being purchased on the Service that may not have been listed, and agreeing upon a price before making an offer on said item or committing to buy the item;
- You are responsible for any additional payments for shipping an item that for which you made an offer or committed to buy;
- You enter into a legally binding contract to purchase an item when You commit to buy an item when using the Set Price Method, when your offer is accepted using either the Video Offer Method or the Text Offer Method, or if your Offer is accepted by a Seller;
- If You have made an Offer, a Seller has the sole discretion and the ability to accept Your Offer, seek higher offers from other Users, or reject Your Offer.
- You cannot make an Offer on Your own item, even if the Seller information is different from the Buyer information;
- You cannot make an Offer on an item with the intent to increase its price or desirability artificially without any intent to buy the item for sale;
- If You buy an item from a Seller in another country, You cannot ask the Seller to mark the item as a gift in the customs declaration;
- We do not transfer legal ownership of items for the Seller to the Buyer;
- New York Uniform Commercial Code § 2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the Buyer and the Seller, unless the Buyer and the Seller expressly agree otherwise;
All payments are processed through Stripe®, a third party payment service, whose terms are provided here: https://stripe.com. Note that a transaction by Buyers or Sellers from any country outside of the United States may be subject to additional processing fees. By utilizing Stripe®, you agree to their terms of service. You acknowledge that a successful payment processed through Stripe® may take 2 to 3 days for money to be deposited in a Seller’s account. You also agree that We are not responsible for any issues regarding any transactions processed through Stripe®, and You release Us from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Stripe® service for the sale or purchase of an item through the Service. In addition, You agree that Treasurebee is not responsible for positing or providing any third-party processing fees to You, including any fees charged by Stripe®.
Note that the Seller of an item, and not the Company, sets any policies regarding cancellation, returns, exchanges, and refunds/chargebacks added for any items purchased by You. You agree that We are not responsible for any policies regarding cancellation, returns, exchanges, and refunds/chargebacks for any items purchased by You. The terms regarding cancellation, returns, exchanges, and refunds/chargebacks of an item purchased or agreed to be purchased on the Service by You from a Seller are the sole responsibility of the Seller.
Intellectual Property Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one unmodified copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication or distribution, except to reasonably facilitate purchases through the Service.
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Us, or that comes from the Service services and belongs to another Service user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with Company’s prior express permission and/or the prior express permission of any other party holding the right to license such use.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Service or any services or materials available through the Service, except to reasonably facilitate purchases through the Service.
We retain the right to promote your content, including any User Contributions, on various third party websites, including, but not limited to, any search engines, shopping engines, and listing websites. In addition, We retain the right to use any User Contributions in the Service and for advertising, social media, media campaigns via any method known or to be developed in the future, print materials, interviews, case studies, any marketing channel deemed appropriate, and internal business purposes.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Service are the trademarks and property of their respective owners. All requests pertaining to the Company’s trademarks should be sent to email@example.com.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), or Company’s systems and policies.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, distribute, Post, or procure the sending, distribution, or Posting of spam, unsolicited, or bulk electronic communications.
- To transmit, distribute, Post, or procure the sending, distribution, or Posting of chain letters or pyramid schemes.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as solely determined by us, may harm the Company or users of the Service or expose them to liability.
- To manipulate the price of any listing or interfere with any other User’s listing.
- If you are not able to form legally binding contracts (for example, if you are under 18 years of age), or are temporarily or indefinitely suspended from using our Service, and its services, applications or tools.
- To commercialize any portion or the totality of the Service or any information or software associated with such application.
Additionally, you agree not to do any of the following, including, but not limited to:
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
- Transfer your Service account to another party without Our consent.
- Fail to pay for items purchased by You.
- Harvest or otherwise collect information about Service users without their consent.
- Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Bypass our robot exclusion headers, interfere with the working of our Service, or impose an unreasonable or disproportionately large load on our infrastructure.
- Export or re-export any portion or totality of the Service except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions.
- Circumvent any technical measure we use to provide the Service.
- Utilize Service services, including, but not limited to, electronic communication services (including video) for predominantly personal purposes not relevant to the purchase or sale of an item or items on the Service. We reserve the right to throttle the video chat feature for users who engage in excessive calling with a limited history of purchases and/or sales on the Service.
- Otherwise attempt to interfere with the proper working of the Service.
The Service may contain message boards, chat rooms, live video streams, personal Web pages or profiles, forums, bulletin boards, review features, social media, video conferences, blogs, text message chats, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, a “Post”) content or materials (collectively, “User Contributions”) on or through the Service. User Contributions also include any listings and information contained in the listing regarding an item for sale on the Service.
Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns an exclusive, worldwide, perpetual, irrevocable, royalty-free, paid-up, freely sublicensable right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- None of the User Contributions infringe any third party intellectual property rights, including, but not limited to, trademark, copyright, patent, trade secret, right of publicity or privacy, and any moral rights. .
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted by you or any other user of the Service.
Monitoring and Enforcement; Termination
Without any refund, We have the right to:
- Remove or refuse to Post any User Contributions for any or no reason in our sole discretion, including any listing Posted on the Service by a Seller.
- Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Halt, suspend, or delete any sale between a Buyer and a Seller.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Without limiting the foregoing, We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake to review material before it is Posted on the Service, including but not limited to User Contributions, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions, including a listings for items on the Service, and use of any of the services provided on the Service, including any electronic communication tools available on the Service. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote alcoholic beverages, firearms, ammunition, tobacco cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco, or any controlled substance, fireworks, any dietary supplements, tickets or shares in lottery games, and drug paraphernalia.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, including any information regarding items available on the Service by Sellers or other users on the Service, or by anyone who may be informed of any of its contents.
This Service may include live content, real-time interactions, and content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Service
We may update the content and functionality of the Service from time to time, but the Service is provided “AS IS” and Service content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and We are under no obligation to update such material.
Information about You and Your Visits to the Service
Linking to the Service and Social Media Features
You may link to our homepage or other webpages of the Service, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish or imply a link in such a way as to suggest any form of association, approval or endorsement of You by Us without our express written consent.
This Service may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Service.
- Send e-mails or other communications with certain content, or links to certain content, on this Service.
- Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites.
- Share certain content, information, and User Contributions via social media and social media networks.
You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions We provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you, managed by you, under your control, or is not relevant to the item Posted.
- Link to any part of the Service that does not have social media features enabling you to link to content on the Service.
You agree to cooperate with Us in causing any unauthorized copying of the Service and agree immediately to cease. We reserve the right to withdraw linking permissions without notice.
We may disable all or any social media features and any links at any time without notice at our discretion.
Links from the Service
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, in User Contributions, and links generated by a respective Seller in the listing of an item on the Service. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Service is based in the state of New York in the United States. We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties Regarding Items Purchased on Service
You understand that any purchase of an item from a Seller through the Service is a contract between You as the Seller and the Buyer and We provide only a service to connect Buyers and Sellers. You understand that We are not responsible for the item purchased on the Service in any way and do not provide any guarantee, warranty, or make any representation regarding any item sold, listed for sale, or purchased on the Service. You agree that we are not responsible for a Buyer’s or Seller’s failure to adhere to the terms provided herein.
You agree that WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY THE ITEM THAT YOU SOLD THROUGH THE SERVICE. YOU UNDERSTAND THAT THE COMPANY DOES NOT VERIFY THE AUTHENTICITY OR FITNESS OF ANY ITEMS SOLD OR LISTED FOR SALE ON THE SERVICE. THE COMPANY DOES NOT PROVIDE AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
If you have a dispute with one or more users of the Service, You release Us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY OR OTHER MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE OR WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, REGULATION, OR FUNCTION OF LAW OR REGULATION, BUT THIS DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT THAT THE APPLICABLE LAW IN YOUR JURISDICTION ALLOWS.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, INCLUDING THE STRIPE® SERVICE UTILIZED FOR PAYMENT, ANY CONTENT ON THE SERVICES, ANY ITEMS PURCHASED ON THE SERVICE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ARISING FROM A SITUATION KNOWN, THAT SHOULD HAVE BEEN KNOWN, OR WHICH THE COMPANY HAS BEEN INFORMED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, REGULATION, OR FUNCTION OF LAW OR REGULATION, BUT THIS DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT THAT THE APPLICABLE LAW IN YOUR JURISDICTION ALLOWS.
Limitation on Total Liability
Regardless of any clause waving our liability, if We are found to be liable, our total liability to You or to any third party is limited to the lesser of: (a) any purchases made on our Service by You (not including any purchases made for another entity or person which gave rise to our liability, or (b) $100 (USD).
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service or services provided on the Service, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding arbitration in New York City, New York before one arbitrator. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award by the arbitrator may be entered in any court having jurisdiction. The Parties must maintain the confidential nature of the arbitration proceeding and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision. Each party must pay its own proportionate share of arbitrator fees and expenses and the arbitration fees and expenses of JAMS. The arbitrator is entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion. 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.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form notice of dispute (“Notice”). The Notice to Company should be sent to Ken Rose, Attn: Litigation Department, Re: Notice of Dispute, Morse Zelnick Rose & Lander, LLP, 825 Third Ave, New York, NY 10022. The Notice must include the following information: your name, your Service username, your telephone number, your email address, your physical mailing address, a description of the nature of the dispute you have with the Company (including any supporting documents) and the relief sought against Company. Company will send any Notice to you to the physical address we have on file associated with your Service account; it is your responsibility to keep your physical address up to date.
If you and Company are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you or Company may initiate arbitration proceedings.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
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Last Modified: February 27, 2017