Terms and Conditions
Last updated: May 19, 2023
These Terms of Service and Conditions apply to your access and use of our website, mobile applications and other online products and services (collectively known as the “SellSellMarket Service” or “Services”) provided by SellSellMarket.Com (hereinafter referred to as “SellSellMarket,” “Our, We or US.”
We recommend that you read these terms carefully and completely, to include, the mandatory arbitration portion covered in the sections below. The Mandatory Arbitration Section below mandates and requires that all disputes be resolved by final and binding arbitration on an individual basis and not a Class Action, Class-Wide or Consolidated Basis. If you, or the one’s you represent, do not agree or wish to be subject to an arbitration, you may opt out with the instructions found below.
By agreeing to, and accepting, these Terms of Service and conditions, you further acknowledge and agree that there are certain risks associated with using an internet based (On-Line) Marketplace and by using the SellSellMarket Internet Based Service / Services you are accepting these “said” risks and hold SellSellMarket harmless on ALL accounts. Furthermore, when you create an account, access, use or communicate through our services, you are agreeing to be bound by these Terms and Conditions herein referenced. If you, or the person you represent, do not agree to these terms in their entirety, do not use our marketplace, app or services.
From time-to-time we may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We reserve the right to make changes to these Terms and Conditions at any time. If we make changes, we may use one of the following to keep you updated. We will provide you with notice of such changes; via email, sending a notice through our Website, App, Services or by simply updating the date at the top of these Terms and Conditions. Unless otherwise stated, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. We encourage you to stay informed of any updates to our TERMS AND CONDITIONS. If you do not agree to the current, or to the amended terms and conditions, you must stop using our Services.
On occasion SellSellMarket may find it necessary to introduce new features that may only be available to certain users. Therefore, the new provisions of these Terms of Services relating to new features may not apply to all users.
User Privacy:
For information about how we may collect, use, share and otherwise process information about you as a user, please see our Privacy Policy.
Eligibility To Use Our Services:
If operating our platform or application from within the United States you must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority in the United States), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. The parent or legal guardian of a minor under the age of 18 (or the age of legal majority), agrees to be completely and fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering and account so that you may use SellSellMarket’s Services on behalf of another business, person or legal entity, you represent and warrant that: Such legal entity is a valid entity existing under the applicable laws of the jurisdiction of its organization, and you (“The Registrant”) are authorized by such business, person or legal entity to act for and on its or their behalf.
If you use or, or plan to use, our Services on behalf of another person, business or entity you agree to the following: all references to “you” throughout these Terms and Conditions will include that person, business or entity, and you are representing that you are authorized to accept these Terms and Conditions on that person’s, business, or entity’s behalf, and in such event that you or the business, person or entity violates these Terms and Conditions, the person, business or entity agrees to be responsible to us.
Additionally, in order to use any facet of our Service or Services you agree that you have not been previously suspended, connected to a suspended account or removed from using the SellSellMarket’s Service in the past for violating any other agreement to which you are a party by agreeing to these Terms.
Providing User Accounts & Account Security
Should you need to register for an account with SellSellMarket or a third-party payment account with a SellSellMarket Payment Provider (see section below for more information) to access or pay for some of our services you must provide accurate account information and are expected to promptly update this information if it changes. You also agree to maintain the security and confidentiality of your login credentials at all times. If, however, you should discover or suspect that someone has illegally, or unlawfully, accessed your account without your permission, please contact your card services immediately as well as any third-party vendors to your account. Additionally, you may only register for a SellSellMarket account if you are legally permitted to by these terms and conditions and furthermore accept such terms. We reserve the right to reclaim SellSellMarket account usernames, including on behalf of businesses or individuals that hold legal claim to “Said” Usernames, including the trademark rights to those usernames.
SellSellMarket Services
The Posting of Items
SellSellMarket Services and App allow you to post items for sale by uploading pictures and providing a basic item description. You can post all items through the Services without charge unless you select such “Featured” post for and additional cost. SellSellMarket charges a small fee to post “Featured” items. This would promote your paid item or items for thirty days at the top of the search list. If you pay to promote your item or items SellSellMarket will post your item at the top more prominently and frequently within the Services home feed and search section for a duration of thirty days. All posted “Free” or “Featured” items will need to be reactivated every thirty days from the user’s dashboard if you intend to have your items visible to others on the SellSellMarket place.
Buying and Selling
When a buyer and seller agree on a price for an item posted for Sale on our platforms, they have different options for completing the transaction. If a buyer and seller agree, items will be paid for outside of the SellSellMarket Services, such as by cash, check or other payment methods strictly agreed upon between the Buyer & Seller. Such payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. SellSellMarket is not, and will not, be a party to such transactions. We will not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner. User ratings are provided for your review. Please review these ratings and comments prior to doing business with an unfamiliar seller or buyer if necessary. We recommend using an escrow service or payment guarantee service until you establish a relationship with your seller.
If an item has sold, and you, the (Seller) have exhausted all inventory to replenish future sales you are expected to remove or delete the item from the market place immediately to prohibit future bids on an exhausted, or OUT OF STOCK, product.
Taxes
You are responsible for any sales, use, duty, import, export, or other governmental taxes or fees due with respect to your purchase or sale through our Services.
Shipping & Receiving
Buyers and Sellers (SellSellMarket user’s) assume all responsibility for the proper packaging; handling, shipping and receiving of products or items sold on the SellSellMarket place platform. SellSellMarket will not be responsible for any shipping or receiving errors or faults between our buyers and sellers using our platform or services at any time.
Sellers who post items as being available for shipping nationwide or international must ship their items in accordance with local or international rules and regulations. When a seller accepts a buyer’s offer to purchase an item the seller will assume all responsibilities to ensure the item is packaged, shipped and delivered as advertised or otherwise communicated in an expedited or timely manner.
SellSellMarket is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Section is not liable for any losses, damages, or delays related to shipping of items.
“We,” SellSellMarket, shall reserve the right to delete your account and prohibit use of our services if we receive information that you have violated the trust of the community or users. You agree not to use the SellSellMarket platform to ship or transfer products in a manner that violates local or international law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. Without limiting the forgoing, you agree not to ship any item or items that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018. If you suspect fraud or violations under the above restrictions, please flag such items immediately and contact “US,” SellSellMarket of any suspected violations immediately. SellSellMarket will take action to delete or suspend suspected violators. “We,” SellSellMarket offer a free and open market place. Buyers and Sellers are solely governed by local and international laws.
Ratings and Comments
Users (Buyers & Sellers) have the ability to rate and comment on their experience surrounding the sale or purchase of items from individual sellers or buyers. “We,” SellSellMarket offer this service to promote a trustworthy, respectable and safe market place and will not offer a guarantee to the validity of any statement or comment listed or displayed. We encourage a free, clean and open forum of communication to encourage a respectable market place and reserve the right to delete any account should profanity, threats or harsh language be used during open and free communication on our platform. The Ratings and Comments section is a public forum and profanity and harsh language will not be tolerated and could result in possible deletion of your account should it be determined that you have violated these terms. The Ratings and Comments section is necessary for the user / users to establish a professional and trustworthy relationship with the marketplace.
User Content Section
Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos and other materials (otherwise known as “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and SellSellMarket.
You grant SellSellMarket a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with the SellSellMarket Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. SellSellMarket uses third parties to provide services in the operation of our platforms. When you provide User Content on our platform you may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates local or international law to include these terms for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the SellSellMarket Services any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in SellSellMarket’s judgment, disrespectful, inappropriate, or may expose SellSellMarket, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
SellSellMarket assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although SellSellMarket has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice. Should a user violate such terms the item, or items, should be “Flagged” accordingly which will eventually result in the deletion of the suspected post.
Forbidden and Prohibited Conduct
As a SellSellMarket account holder / user you agree that you will not violate local, state, national, international, or any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services or Platforms (App), and you are solely responsible for your conduct while using our Services. Without limiting the aforementioned, you will not:
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Sell, resell or commercially use the SellSellMarket Services except as expressly permitted by us;
Sell, or make an offer to sell anything that violates our Prohibited Items and Guidelines;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Provide false, inaccurate or misleading information to SellSellMarket or our service providers, including when registering for an SellSellMarket account or using the Payment System;
Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors or affiliates;
Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Develop or use any third-party applications that interact with the SellSellMarket Services without SellSellMarket’s prior written consent;
Use any type of automated means to utilize the SellSellMarket Services or to collect or extract data from SellSellMarket, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by SellSellMarket; or
Use the SellSellMarket Services to infringe or violate the intellectual property rights or any other rights of anyone else (including SellSellMarket).
You will establish and use your SellSellMarket account only in accordance with any guidelines issued by SellSellMarket. Without limiting the aforementioned, you will not:
Create more than one account;
Transfer your account to another user;
Attempt to obtain the password, account information, or other security information of another user; or
Attempt to use another user’s account without authorization from that user and SellSellMarket.
Such activities will be grounds for permanent deletion of such account.
If you engage in any of the conduct described above or similar conduct, SellSellMarket may suspend or terminate your right to access our Services. Enforcement of this Section is solely at SellSellMarket’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Ownership to Include Limited License
The Services, to include, the text, graphics, images, photographs, videos, illustrations and other content contained therein and associated with our service or platform, are owned by SellSellMarket or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license (“License”) to access and use our Services.
Suspension and Termination
In regard to the Suspension and Termination of services the following shall stand: SellSellMarket may revoke or terminate your account services, license to access or use the SellSellMarket Services for any reason without notice at SellSellMarket’s sole discretion. Without limiting the generality of the aforementioned, we may revoke or terminate your account, license or use of services if you: (a) Breach any obligation in these Terms or in any other agreement between you and us, (b) violate any policy or guideline applicable to the SellSellMarket’s Services, or any other SellSellMarket product or service, or (c) use the SellSellMarket Services other than as specifically authorized in these Terms and Conditions without our prior written permission. You will stop accessing or using the SellSellMarket Services immediately if SellSellMarket suspends or terminates your license, account or use of the SellSellMarket Services. SellSellMarket reserves the right to take appropriate legal action, including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the SellSellMarket Services during suspension or after termination. SellSellMarket may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your account, or license to access or use the SellSellMarket Services is suspended and after it is terminated.
Trademarks, Brands and Logos
SellSellMarket; (Sell Sell Market) and SellSellMarket.Com, our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of SellSellMarket and may not be copied, imitated or used, in whole or in part, without our prior written permission or contractual agreements. All other trademarks, registered trademarks, product names and company names or logos mentioned on the SellSellMarket Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation by us.
Feedback
If you communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information this will be universally known as, “Feedback.” You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the SellSellMarket Services by using the Feedback at the sole discretion of SellSellMarket or our Developers. SellSellMarket may treat Feedback as nonconfidential.
Copyright & Intellectual Property Complaints
You may report alleged intellectual property rights violations or counterfeit items to SellSellMarket by contacting us or by using the “Flag” / “Flagging” selection on the product page itself. Note: Multiple “Flagging” or “Flags” from users will result in an immediate alert to the SellSellMarket administrators resulting in an automatic deletion of the product from the marketplace.
If you believe that anything on our Services infringes any copyright that you own or control, you are encouraged to notify SellSellMarket immediately.
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to SellSellMarket for certain costs and damages.
Third Party Information:
SellSellMarket, when necessary, may obtain information from other sources and combine that with information we collect through the SellSellMarket Service in order to enhance our ability to serve you; better tailor our content to you, offer you opportunities to purchase products or services that we believe may be of interest to you, prevent fraudulent transactions and accounts and for any other purposes described in this Privacy Policy. An example of this would be if you create or log into your SellSellMarket account through a social media site, we will have access to certain information from that site, such as your name and account information in accordance with the authorization procedures determined by such social media site.
Third Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (Universally known as, “Third-Party Content”). At times, we will or may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. SellSellMarket does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless SellSellMarket and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the “SellSellMarket Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify SellSellMarket and Parties of any third-party Claims, cooperate with the SellSellMarket Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the SellSellMarket and Parties will have control of the defense or settlement, at SellSellMarket’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SellSellMarket or other SellSellMarket Parties.
Disclaimers
Your use of our Services is at your own risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, SellSellMarket does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. SellSellMarket’s platform and application or use of shall offer no guarantees to user. Use of our platform and services as a free and open marketplace is “At Will” meaning “at whatever time or in whatever way one pleases” not to exclude the strict and detailed limitations and restrictions set forth within these terms and conditions. SellSellMarket, it’s “Parties” or “Affiliates” will not participate in the defense of judgment of any user or legal proceeding associated with such action unless adjudicated by National or International Law.
Limitation of Liability
To the fullest extent permitted by applicable law, SellSellMarket and other SellSellMarket Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if SellSellMarket or the other SellSellMarket Parties have been advised of the possibility of such damages.
The total liability of SellSellMarket and the other SellSellMarket Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $5/USD or the amount paid by you to SellSellMarket in the 12 months preceding the event that gave rise to the claim.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of SellSellMarket or the other SellSellMarket Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Assumption of Risk
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER’S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USER’S MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH SELLSELLMARKET’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS) AND HOLD SELLSELLMARKET AND SELLSELLMARKET’S COMPLETELY HARMLESS.
“COMMUNITY MEETUP SPOTS.” COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, SELLSELLMARKET DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, AND DOES NOT MONITOR COMMUNITY MEETUP SPOTS, AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS SET FORTH IN THAT COMMUNITY POSTING.
Release
To the fullest extent permitted by applicable law, you release SellSellMarket and the other SellSellMarket Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
Guidelines for Law Enforcement Agency
If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SellSellMarket and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and SellSellMarket agree that any dispute arising out of or related to these Terms or our Services is personal to you and SellSellMarket, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against SellSellMarket related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state, local or international tax authority as permitted by law.
Arbitration of Disputes. Except for small claims disputes in which you or SellSellMarket seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SellSellMarket seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and SellSellMarket waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court or through Arbitration Instead, for any dispute or claim that you have against SellSellMarket or it’s Parties or relating in any way to the Services, you agree to first contact SellSellMarket and attempt to resolve the claim informally through Arbitration. The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for a SellSellMarket account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and SellSellMarket cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration.
You and SellSellMarket agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, SellSellMarket, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and SellSellMarket agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by SellSellMarket, SellSellMarket will pay all fees and costs. You and SellSellMarket agree that the state or federal courts of the Florida and the United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within six months after such claim arose; otherwise, the claim is permanently barred, which means that you and SellSellMarket will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section.
In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the Governing Law and Venue section below.