1. Overview and Agreement to Terms & Conditions
Thank you for reading these uSell Terms & Conditions, please read them carefully before using the uSell Site and Services. Through the uSell website www.usell.com (the "Site") and via other means, uSell.com, Inc. (doing business as "uSell"), provides a marketplace and platform for consumers and organizations to sell their used, unwanted and other items, and conduct other transactions and activities, with third-party companies and other entities and persons (the "Third Parties"). The uSell marketplace, platform, and related functionality, whether provided through the Site or through other means, are collectively referred to as the services (the "Services"). By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified by uSell from time to time, with or without notice to you. Please check this page regularly for updates to the uSell Terms & Conditions.
2. Permitted Use and Compliance with Laws.
uSell authorizes you to access, view and use the Site content and software (collectively, the "uSell Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the uSell Property. You may not engage in systematic retrieval of data or other content from the uSell Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the uSell Property, or any portion of the uSell Property, is strictly prohibited without the prior written permission of uSell.
You agree that you will comply with all applicable laws, regulations and ordinances relating to the Site and Services, the uSell Property or your use of them, and that in using the Site and Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
By using the Site and our Services, you warrant that:
1. you have good and marketable title to the property you sell; and
2. you have full authority to sell and transfer said property; and that
3. said property is sold free of all liens, encumbrances, liabilities, and adverse claims of every nature and description whatsoever; and that,
4. said property is not from, or the result of, illegal activity in this country or any other country; and that
5. any transaction initiated by you will not cause uSell.com, any Third Parties, or our partners to be in violation of any anti-money laundering, anti-terrorism, or other applicable law of the U.S., any state or any foreign country; and that
6. you are the actual legal owner of any and all property offered to be sold through the Site and Services and you are acting on your own behalf.
3. Copyright and trademarks.
Except as otherwise indicated, all materials in the Site, including without limitation the uSell logo and other uSell trademarks and service marks, are the property of uSell and/or its affiliates or licensors, including the Third Parties, and are protected by international copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes set forth in these Terms & Conditions, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "© 2011 uSell.com, Inc. All rights reserved." Any other use is prohibited.
4. uSell Services and Third Party Services and Sites
The information and materials provided in the Site and through the Services are intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to uSell's Services. uSell presents information from Third Parties through the uSell Site and Services, including prices offered for your items, item descriptions, certain Third Party terms of service, and other information ("Third Party Information"). uSell cannot control, and is not responsible for the accuracy of any Third Party Information.
You conduct your actual sales and other transactions directly with the Third Parties and, unless otherwise specifically and clearly indicated, not with uSell. uSell cannot control any aspect of your sales and transactions with Third Parties, and the Third Parties are solely responsible to you for all aspects of your sales and transactions with them.
At times, the uSell Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to the uSell Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by uSell of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their own websites. uSell does not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read the privacy policies and Terms & Conditions agreements of all Additional Sites.
5. Privacy and Passwords
a. Registration and Basic Membership Terms: Members are visitors to the site and or those using the Services that choose to register with uSell ("Members"). Once registered, an account is created for each Member ("Account"). If you choose to register as a Member, you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current and complete registration and contact information, and keep your information updated; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Membership, or your access to the Site and or Services, in the event that you breach any of the Terms & Conditions or other applicable uSell policies.
b. Password and Account Security: In connection with your Account, you will create a Password and a User ID. You are responsible for keeping your Password and confidential and secure, and you are responsible for all actions taken using your Password.
c. Age: To create an Account and to be eligible to accrue cash, or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Cash in Your Account, Referrals, Payment.
a. About Cash in Your Account: You can earn cash which is credited to your Account as described in this and other sections of these Terms & Conditions, and which is subject to your compliance with all of the Terms & Conditions. Your Account, including any cash or other credits in your Account, is non-transferable and non-assignable, and may not be pooled, lent, sold, or exchanged. We may change rules about requesting cash payment or redeeming other credits in your Account at any time and such changed rules will apply to cash already accrued as well as to cash accrued in the future. You may request cash payment out of your Account (also referred to as "redeeming" cash) only as permitted by these Terms & Conditions. Redeeming cash and receipt of any payment by you is contingent upon your: (1) full compliance with these Terms & Conditions generally; and (2) compliance with the specific rules or terms then in effect for the particular redemption.
b. Cash Activities: Members will receive a bonus of 20 dollars when activating a uSell Account (the "Account Bonus)". Members will receive 10 dollars (the "Referral Bonus") for each person they refer to uSell who, through the uSell Site, sells at least one item to a uSell partner with an item value of at least $10 dollars, as determined at the time of receipt by the partner (a "Referral"). For the activity to count as a Referral and for the Member to earn the Referral Bonus, uSell must be recognized by the partner as the referring site for the sale of the item(s).
c. Redeeming Your Account Value: Accounts must have a minimum of 50 dollars (the "Minimum Payment") in them before they are eligible for a payment to the Member. Once an initial payment has been made, Members can request additional payments once their Accounts again have accumulated the Minimum Payment amount. Members must redeem and be paid the entire amount of the value in their Account. Members can not request that only a portion of the amount in their Accounts be redeemed.
d. Important Payment Information and Examples: THERE IS NO REDEMPTION OF CASH UNTIL YOU HAVE ACCRUED AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT. THE TERMS "CASH," "DOLLARS," "VALUE", "AMOUNT", AND SIMILAR TERMS ARE USED INTERCHANGEABLY IN THIS WEBSITE. YOU HAVE NO RIGHT TO REDEEM THE "CASH" OR "DOLLARS" IN YOUR ACCOUNT, AND WE HAVE NO LIABILITY OR OBLIGATION TO PAY YOU WHATSOEVER, UNLESS AND UNTIL YOU HAVE ACCRUED AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT. UNLESS AND UNTIL YOU HAVE ACCRUED THE MINIMUM PAYMENT AMOUNT, SUCH "CASH", "DOLLARS", "AMOUNT", OR "VALUE" IN YOUR ACCOUNT IS DEEMED A CONTINGENT LIABILITY OF USELL, WHICH IS ENTIRELY CONTINGENT UPON: (1) YOUR ACCRUAL OF AT LEAST THE MINIMUM PAYMENT AMOUNT IN YOUR ACCOUNT, AND (2) YOUR FULL COMPLIANCE WITH THESE TERMS AND CONDITIONS. UNLESS AND UNTIL YOUR ACCOUNT BALANCE REACHES THE MINIMUM PAYMENT AMOUNT, THE "CASH" OR "DOLLARS" IN YOUR ACCOUNT HAVE NO ACTUAL VALUE, FOR CASH OR OTHERWISE.
FOR EXAMPLE, IF YOU OPEN AN ACCOUNT WITH AN INITIAL BALANCE OF 20 DOLLARS, AND THEN ACCRUE ANOTHER 10 DOLLARS IN YOUR ACCOUNT, FOR A TOTAL OF 30 DOLLARS, YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE NOT LIABLE TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU WOULD HAVE TO EARN AN ADDITIONAL 20 DOLLARS, FOR A TOTAL OF 50 DOLLARS IN YOUR ACCOUNT (THE MINIMUM PAYMENT AMOUNT) BEFORE YOU WOULD BE ENTITLED TO ANY PAYMENT.
AS AN ADDITIONAL EXAMPLE, IF USELL MAKES AN INITIAL PAYMENT TO YOU, AND YOU THEN ACCRUE ANOTHER 10 DOLLARS IN YOUR ACCOUNT, YOU ARE NOT ELIGIBLE TO RECEIVE ANY PAYMENT, AND WE ARE NOT LIABLE TO YOU FOR ANY AMOUNT. IN THIS EXAMPLE YOU WOULD HAVE TO EARN AN ADDITIONAL 40 DOLLARS, FOR A TOTAL OF 50 DOLLARS IN YOUR ACCOUNT (THE MINIMUM PAYMENT AMOUNT) BEFORE YOU WOULD BE ENTITLED TO PAYMENT.
e. Tax Matters: You are responsible for all tax liabilities associated with your use of the Site and Services, including liability arising from your accrual and conversion of Cash or other items in your Account. uSell will require you to provide necessary tax information about yourself prior to receiving payment when requesting payment equal to or greater than $300 at one time or cumulatively during a calendar year. uSell will file a 1099 tax form for any Member who earns $600 or greater in one calendar year from our company.
8. Inactive Accounts.
a. Inactive Status: A Member'€™s Account may be set to inactive if there is no activity associated with that Account for 180 days.
a. Account Termination: If an Account remains inactive for greater than 180 days, that Account will be permanently terminated and all cash or other items accrued in the account will be forfeited. In the event of a death of any Member, such Member'€™s Account is automatically and immediately terminated, and all cash or other items accrued in such Account are forfeited.
9. Warranty Exclusions and Limitations of Liability.
We warrant that the Services and uSell Property will conform substantially to the descriptions set forth on the Site. In the event of any breach of this warranty, the Customer's sole and exclusive remedy, and uSell's sole and exclusive liability, shall be (at uSell's option) to remedy the failure or to refund the monetary amount paid for the services by the Customer, if any. Except as set forth in the foregoing sentence, we make no representations or warranties of any kind regarding the Services or the uSell Property. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND uSell PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR uSell PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE uSell PROPERTY. No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR uSell PROPERTY, EVEN IF uSell HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, uSell'S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE uSell PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Customer agrees to indemnify and hold uSell, our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of Services, (ii) your violation of these Terms & Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. uSell reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of uSell. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
11. Applicable Law, Jurisdiction, Compliance.
You and uSell agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of New York, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Site and/or the Services will be heard and resolved in the federal and state courts located in New York, New York. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
12. Miscellaneous Provisions.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to any of these Terms & Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Terms & Conditions, "including" means "including but not limited to." If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and uSell regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
13. Information Collection, Use, and Sharing
By submitting any uSell contact form, you understand that you may be contacted by a uSell representative or a representative from the partner you've chosen.
You may be contacted via telephone, email, text, or prerecorded message regarding uSell programs, offers, events, announcements, and offers from uSell's third party marketing partners. If you respond to any such offer, your information will be subject to that third party's terms and conditions.
By providing us your phone number, you grant uSell permission for the use of text messages, prerecorded voice or and/or automatic telephone dialing systems to contact you and/or deliver uSell related information, offers or announcements.
You also agree that uSell may attempt to contact you via any telephone number you provide, even if it is a mobile telephone number which may result in charges to you. You can opt out from uSell email messaging at any time.
Effective Date of Terms: 01/01/2011.