PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY SELLIT. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.SELLIT.COM (THE "SITE") AND ALL SERVICES PROVIDED BY SELLIT.
Acceptance of Agreement. Your access to and use of this Site or the Services constitutes your acceptance of this Agreement. This Agreement constitutes the entire and only agreement between us and you governing your use of and access to this Site and Services, and supersedes all prior or contemporaneous agreements and understandings with respect to the Site and Services, the content, and any products or services provided or available through or listed on the Site. If you do not accept this Agreement, you may not access or use this Site of Services for any purpose.
Electronic Signature. By entering into this Agreement, you (i) agree to do business with Sellit electronically, (ii) consent to the electronic communication and delivery of all documents related to the Site and all Services, (iii) agree that your act of entering into this Agreement is a binding form of your electronic signature, which you agree binds you to the terms of this Agreement, (iv) represent that you have Internet access and a valid e-mail address enabling you access to the Site and to receive communications and documents electronically, and (v) represent that you have a printer or other device to print or save communications and documents including, without limitation, this Agreement and that you have printed or otherwise saved a copy of this Agreement for your records.
This consent is effective until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of this Agreement at any time by contacting us as set forth below. We will send you a confirmation notice once we have processed your request.
Modifications. We reserve the right to modify or amend this Agreement at any time. Material changes will be posted on this Site. You agree that accessing or using the Site, without any objection following posting of such changes, constitutes your acceptance of the revised terms. All changes will be effective immediately upon their implementation.
Venue Only. We are only a venue to bring buyers and sellers together. Sellit does not transfer legal ownership of an item from the seller to the buyer, nor are we involved in any way in the actual transaction between the buyer or seller. As a result, Sellit offers no warranty, express or implied on any product or service that may be advertised, bought or sold by using this Site. We have no control over the quality, safety or legality of any product or service that may be bought or sold using this Site or the truth or accuracy of any related information. It is the vendor’s or seller’s full responsibility to fulfill all product and service orders listed and paid for within this Site’s Services. You acknowledge that the Site holds no liability and accepts no responsibility for order fulfillment or shipping demands. You agree that we have no liability for any misrepresentation, incomplete statement or failure to disclose any item data, or for any claims arising from a transaction resulting from your use of this Site or a business transaction you enter into using this Site or the Services.
Release.
Because we are not a party to the purchase or sale of any item resulting from use of this Site or the Services, in the event that you have a dispute with one or more buyers or sellers arising from any communications, negotiations, transactions or other activities conducted or initiated through this Site or the Services, you release Sellit and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You hereby expressly waive the application of California Civil Code Section 1542 and any other similar statute that provides for the unenforceability of any general release as to claims which you do not know or suspect to exist at the time of executing this release.
Intellectual Property Rights. The content on this Site, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of Sellit or its suppliers and is protected under applicable United States and international copyright and other intellectual property laws. The compilation of all content on this Site is also the exclusive property of Sellit and is protected by United States and international copyright laws.
In addition, we are the owner of the trademark SELLIT™ and POWERPAK™ and other trademarks posted on the Site. Other graphics, logos, button icons, service names, organization, design, and formatting appearing on this Site are also distinctive and protected trademarks or trade dress of Sellit or its affiliates. This Site may contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of our marks, or of our copyrighted material or trade dress or any other intellectual property, is strictly prohibited and will be prosecuted to the fullest extent that the law provides.
Site Use.
You may browse this Site, subject to this Agreement, without signing up to receive the Services. Sellit grants you permission to access the content of this Site for viewing and access to the Services and to print a single hard copy of the Site content for your personal use only. You may not otherwise use, copy, modify, distribute, republish, reverse engineer, display, decompile, mirror, translate, disassemble, or transmit any of the content or materials of this Site without our express written permission. You may not (1) use any robot, spider, scraper or other automated means to access, monitor, or copy all or a portion of this Site or any data from this Site; (2) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to this Site; (3) take any action that imposes an unreasonably or disproportionately large burden on this Site’s infrastructure; (4) use any automatic or manual process to monitor or copy any portion of the Site; or (5) alter, remove, or obscure any copyright, trademark or other proprietary notices or confidentiality legends on or in the Site. You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Site.
We reserve the right to modify the Site and the Services at any time without notice.
If you wish to receive the Services, you must set up an account with Sellit. In order to set up an account you must provide your e-mail address and create a password. All registration information is subject to our Privacy Policy http://www.sellit.com/pages/privacy.
You are responsible for all activity that takes place under your user ID. It is your responsibility to maintain the confidentiality of your password. You may not transfer, assign, or sell your account to any third party. You must provide accurate and current information to us to open and maintain your account. If you provide any information that is false, misleading, inaccurate, or outdated, we may suspend or terminate your account and deny you access to the Site pursuant to this Agreement.
Fees. Sellit provides a basic feature package free of charge for users with the option to upgrade at a later time. Sellit does charge a software-as-a-service (SaaS) fees for the provision of using certain features as set forth in the Upgrades section of the site.
Privacy Policy. By agreeing to this Agreement you are also agreeing to the use of your personal and other information in accordance with the Privacy Policy. http://www.sellit.com/pages/privacy
Prohibited Items. Sellit prohibits the listing of certain items using the Site or its Services. It is your responsibility to determine if your item, listed using Sellit, is subject to prohibitions under applicable international or domestic laws. Violations of this policy and any applicable law may result, without limitation, in the limitations on your account privileges and/or cancellation of your account and termination of this Agreement.
No Warranty.
This Site and its content and any and Services available through the Site are provided as-is, as available and with all faults. We make no warranty or representation with regard to the Site, its content or the Services and hereby disclaim any and all warranties, express or implied, including but not limited any implied warranties of title, noninfringement, merchantability, quality and fitness for a particular purpose, and any warranties arising from a course of dealing or usage in trade.
Sellit specifically makes no warranty or representation regarding the results that may be obtained from this Site or the Services or any guarantee that you will gain customers, sales or revenues through your use of the Site or Services. Sellit also makes no warranty as to the accuracy or reliability of any information obtained from the Site, or that any information will meet any of your requirements, be uninterrupted, timely, secure or error-free. We are not responsible for the timeliness, deletion, misdelivery or failure to store any of your communications, including without limitation, any information you may submit or attempt to submit.
You understand and expressly agree that use of the Internet and this Site and Services is at your own risk, that any material or data downloaded or otherwise obtained through the Internet or this Site, including without limitation the Services, is at your own discretion and risk, and that you are solely responsible for any damage to your computer system, loss of data or any other form of damage that may be incurred.
In the event you are dissatisfied with your use of or access to the Site or the Services, your sole and exclusive remedy is to discontinue use of or access to the Site or the Services, even if such remedy should fail of its essential purpose.
Limitation of Liability. We are not liable for loss of business, loss of profits, loss of revenue, or the like or any direct, indirect, exemplary, punitive, incidental or consequential damages, arising out of or in connection with your use of or access to the Site or the Services or any portion thereof, whether based on breach of contract, breach of warranty, negligence, product liability, tort or strict liability or otherwise, even if advised of the possibility of such damages. Regardless of the foregoing, in no event will our liability to you exceed $100, even if such remedy should fail of its essential purpose. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you the user.
Your Representations. You represent and warrant that (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into this Agreement, (iii) the information you may provide to us is accurate and complete and (iv) you will comply with any and all local, state, national, foreign and international laws and regulations applicable to your use of the Site and Services, including, but not limited to any applicable export control laws, data security laws, and privacy laws. If any information you provide to becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify us. You will not engage in advertising to or solicitation of any other users of the Site or Services, nor will you transmit any spam, chain letters or other similar communications to other users via the Site or Services. You will promptly report to us any violation of this Agreement of which you become aware. If you are using this Site or the Services on behalf of a business entity, you represent and warrant to Sellit that you have the requisite authority to bind such business entity to this Agreement.
Indemnification. You agree to indemnify, defend and hold harmless us, our affiliates, officers, shareholders, partners, representatives, agents and employees from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to or arising from your violation of this Agreement, your use or misuse of the Site or Services, or your infringement of any intellectual property or other right of Sellit or any third party. Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which you shall cooperate with us in asserting any available defenses.
Termination. You understand and agree that we may suspend, terminate or otherwise deny your access to the Site and Services without notice in the event we believe in our sole discretion that (i) you have violated a provision of this Agreement, (ii) you have used or misused the Site in a manner that we determine is unlawful, unethical or otherwise inappropriate, (iii) such action is reasonably necessary to protect us or a third party or if such action is otherwise required by law, (iv) unexpected technical or security issues, or (v) discontinuance of all or a substantial part of our Site or Services.
Third-Party Websites. This Site may link to, or be linked to, other websites not maintained by or related to us. Such links are provided only as a service to our visitors. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked Website by us. Should you link to any other pages or websites is at your own risk and we encourage you to review such websites terms of use and privacy policy.
If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked “www.sellit.com”; (2) the link must "point" to the URL http://www.sellit.com and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with our names and marks; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by us; (6) the link, when activated by a user, must display this website full-screen and not with a "frame" on the linking website. We reserve the right to revoke consent to the link at any time in our sole discretion.
Third-Party Intellectual Property Rights
Content and License: Sellit does not claim ownership rights in your Content or Listings. You grant Sellit a license solely to enable Sellit to use any information or Content you supply Sellit with, so that Sellit is not violating any rights you might have in that Content. You grant Sellit a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Sellit to store or re-format your Content and display your Content in any way as Sellit chooses. Sellit will only use personal information in accordance with Sellit Privacy Policy.
Re-Posting Content: By creating a Sellit Mini-Shop, utilizing Sellit’s Platform services or listing Content on Sellit, it is possible for an outside website or a third party to re-post or share that Content. You agree to hold Sellit harmless for any dispute concerning this use.
If you believe that your copyright in any material has been infringed on this Site, please provide us with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:
a description of the copyrighted work you claim has been infringed,
a description of the material that you claim is infringing, identified with sufficient detail for us to locate it on the Site,
your address, telephone number and e-mail address,
a statement by you that you have a good faith belief that the disputed use is not authorized,
a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.
You may immediately report claims of copyright infringement to us at the following email address: contact@sellit.com
You understand and agree that: (1) we assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on or through the Site or the Services by you or by any other users or third parties and (2) we are a publisher of any such content, and are acting solely as an Internet Website Provider as such term is defined in the Digital Millennium Copyright Act.
Dispute Resolution and Interpretation.
The laws of the State of Arizona and the United States shall govern use of the Site without regard to any choice of laws or conflicts of laws provisions. You agree that any action, suit, or proceedings arising from or related this website shall be brought exclusively in the federal or state courts located in Maricopa County, State of Arizona, United States and you consent to the exclusive jurisdiction of such courts.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.
Contact Us. This Site and the Services are provided by Ustrive2, Inc., located at 1850 N. Central Ave., Phoenix, AZ 85004. You may have this information e-mailed to you by sending a letter to the foregoing address, including your e-mail address and a request for this information.