TERMS OF SERVICE - TRUSTED.SALE
Who Can Use Trusted.Sale
You may use our Service only if you can form a binding contract with Trusted.Sale, and only in compliance with these Terms and all applicable laws. By using our Service, you represent and warrant that you are at least 18 years old. Individuals under the age of 18 may use our Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this case, the adult is the User and is fully responsible for any and all activities.
Our License To You
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Service.
Registration is required to access certain features of our Service such as posting and sending a message to another User. If you choose to register, you are required to enter a valid email address and a password. You must keep your account information up-to-date and accurate at all times. You are responsible for maintaining the confidentiality of this information.
Commercial Use of Trusted.Sale
If you want to use our Service for commercial purposes you must create a business account. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
You agree to abide by the following account restrictions:
· You cannot use the word "Trusted.Sale" in your name, nickname or corner name.
· You cannot publicly post your private information, including but not limited to, phone numbers and email addresses.
· You cannot pretend to be someone else or use the personally identifiable information or likeness of another person.
· You cannot have multiple accounts unless they are for different entities (e.g. personal and business).
· You cannot transfer or sell your Trusted.Sale account to another party.
Code of Conduct
You agree to abide by the following code of conduct:
· Do not harass, stalk, insult, threaten or abuse other Users.
· Do not use profane, racist or otherwise inappropriate language on Trusted.Sale.
· Do not share private information of another person.
· Do not use any public areas of our Service to demonstrate or discuss a dispute with another User, Trusted.Sale or others.
Suspension and Termination of Account
Users who do not comply with Trusted.Sale’s Terms and policies may be subject to review, which can result in suspension of account privileges and/or termination. This includes all of your accounts by virtue of association. In other words, Trusted.Sale reserves the right to suspend the use of our Service for a person and/or entity and all accounts he/she operates under. If your account has been temporarily or indefinitely suspended, you will not have access to our Service.
Disabling or Deleting Your Account
At any time you may temporarily disable or permanently delete your account. If emails to your account are undeliverable or if you mark one of our emails as spam, your account will automatically be disabled. Trusted.Sale reserves the right, in our sole discretion, to permanently destroy accounts that are unconfirmed, inactive or disabled for (12) months or permanently suspended.
Third Party Sites and Services
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Trusted.Sale. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Trusted.Sale, you do so at your own risk and you agree that Trusted.Sale will have no liability arising from your use of or access to any third-party website, service, or content.
Trusted.Sale has adopted and implemented a Copyright Policy in accordance with the Digital Millennium Copyright Act ("the DCMA"). Trusted.Sale responds to notices of violations of the DCMA.
Transactions and Messages
Transactions Between Users
Trusted.Sale is not involved in the transactions between you and other Users. By connecting with other Users via our Service, you are entering into a direct and personal relationship with that User. This includes, but is not limited to, meetings, payments, delivery, returns, conditions, warranties, and representations. You agree that Trusted.Sale shall not be held liable for your dealings and interactions with other Users, including any losses or damages resulting from such dealings or interactions.
You agree to abide by the following messaging restrictions:
· Do not share or ask for a personal email address.
· Do not share or ask for credit card or bank information.
· Do not share your PayPal address (ask for an invoice instead).
· Do not message someone unless you are interested in one of their listings.
· Do not message someone who has asked not to be contacted.
· Do not use messages to send spam, including unsolicited advertising, promotions, or requests.
We reserve the right (but have no obligation) to mediate disputes between Users for the sole purpose of customer satisfaction and conflict resolution. Our mediation does not constitute our involvement with the transaction. The outcome of our mediation shall not restrict other legal remedies and rights you may have. In the event that we mediate a dispute, you agree to hold Trusted.Sale, its officers, employees, agents, and successors not liable for losses or damages resulting from the resolution.
Creating a Link
By posting to our Service, you represent and warrant to prospective Buyers that: (a) you and all aspects of the link comply with our Terms and policies; (b) you have the legal right and ability to sell the goods included in the link; and (c) your link is accurate, current, and complete and is not mislabeled, misleading or otherwise deceptive. Seller will determine the purchase price for each item he or she lists on the Service.
The following categories of listings, businesses and business practices are strictly prohibited on our Service (“Prohibited Businesses” or “Prohibited Listings”). The categories listed below are representative, but not exhaustive. You agree not to use the Service for anything that violates any laws, third party rights or that fall into any of the following categories. If you are uncertain as to whether your listings are prohibited, or have a question about how these requirements apply to you, contact us at firstname.lastname@example.org
· Alcohol and Tobacco
· Firearms, weapons, fireworks or any destructive device;
· Pornography, adult-oriented items, content and services;
· Offer or solicitation of prostitution;
· Gambling items, services or activities;
· Drugs of any kind, drug-like substances, drug paraphernalia;
· Pseudo pharmaceuticals;
· Substances designed to mimic illegal drugs;
· Blood, bodily fluids or body parts;
· Regulated products and services;
· Intellectual property or proprietary rights infringement;
· Counterfeit, knock-off brand name or unauthorized goods;
· Stolen property, or property with serial number removed or altered;
· Recalled items;
· Items or activities that promote or glorify hatred or racial or religious intolerance;
· Illegal, inappropriate or offensive items or activities;
· Items or activities that enable or instruct others to engage in illegal activity;
· Cash or cash equivalent such as money orders, travelers' checks, etc.;
· Investment & credit services;
· Money and legal services;
· Virtual currency or stored value;
· Money aggregation;
· High risk businesses;
· Get rich quick schemes, money-making items or services;
· Medical and health services
· Miracle cure products;
· Multi-level marketing;
· Mug shot publication or pay-to-remove services;
· Video game or virtual world credits
· Sale of social followers, likes, views, etc.
· Bulk email or mailing lists;
· No-value-added services.
Fees and Credits
It is free to register for an account and use Trusted.Sale to create and send payment links, and make a purchase from another User. Trusted.Sale reserves the right in the future to charge fees for current services offered and/or new services offered in the future. Registered users will be notified in advance of any fees to use the service and can elect to pay such fees to continue using the service, or elect to not pay such fees and discontinue use of the service.
Users who complete sales transactions using Trusted.Sale payment links are responsible for paying transaction fees. These fees are detailed and agreed to in the Trusted.Sale Payments Terms of Service.
Payment of Fees
You are responsible for paying all fees and applicable taxes associated with using Trusted.Sale. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you choose to pay fees with another currency, you are responsible for all bank fees associated to the payment.
Users who register for a Trusted.Sale account are marked as "Registered." A user that is marked as “registered” indicates that a good faith attempt was made by Trusted.Sale to verify the User’s identity. Registration does not prove the honesty or trustworthiness of a User. Trusted.Sale may, at its sole discretion, choose to temporarily or permanently remove a User's registered status.
Hosting and Data Storage
Your Trusted.Sale account is protected by a password for your privacy and security. Your password is securely stored and Trusted.Sale does not have access to it. You need to prevent unauthorized access to your account by selecting and protecting your password appropriately, and limiting access to your computer and browser by signing off after you have finished accessing your account. You are responsible for safeguarding the password that you use to access our Service and for any activities or actions under your password, whether or not you have authorized such use. You agree to notify Trusted.Sale immediately of any unauthorized use of your account.
Protection of User Information
Trusted.Sale strives to safeguard User information by using generally accepted industry standard means of protection to ensure that User information is kept private during transmission and storage. However, no method of storage or transmission over the Internet is ever 100% secure, therefore we cannot guarantee absolute security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time.
If you find a security vulnerability with Trusted.Sale, do not publicize it and avoid data deletion, unauthorized data access, and service disruption while testing the vulnerability you found. Contact us immediately at email@example.com and give us enough detail to reproduce the vulnerability.
Access and Interference
You may not do any of the following while accessing or using our Service:
· Access, tamper with, or use non-public areas of Trusted.Sale, our computer systems, or the technical delivery systems of our providers;
· Exploit a vulnerability of any system, network or breach;
· Attempt to circumvent any security or authentication measures;
· Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use Trusted.Sale to send
altered, deceptive or false source-identifying information;
· Interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, mail-bombing Trusted.Sale, or by scripting the creation of Content in such a manner as to interfere with
or create an undue burden on Trusted.Sale; or
· Transmit viruses or other material designed to disrupt computer hardware or software functionality
Trusted.Sale’s Intellectual Property
The word "Trusted.Sale" is a trademark in the United States. Other Trusted.Sale graphics, logos, designs, buttons, icons, scripts, and service names are trademarks, service marks, or copyrights of Twin Bison, LLC.
All design and content related to our Service (excluding User Content) and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Service Content") and all intellectual property rights to the same are owned by Twin Bison, LLC, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Service are owned by Twin Bison, LLC, our licensors, or both.
All right, title, and interest in and to our Service and Service Content and all intellectual property rights to the same are and will remain the exclusive property of Twin Bison, LLC, our licensors or both. Our websites, products, services and content are protected by copyright, trademark, and other laws of both the United States and foreign countries.
Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Service or Service Content. Any rights not expressly granted in these Terms are expressly reserved. Nothing in the Terms gives you a right to use the Trusted.Sale name or any of the Trusted.Sale trademarks, logos, taglines, domain names, and other distinctive brand features.
Trusted.Sale's Reservation of Rights
Trusted.Sale retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require Seller not to list, any or all items in our sole discretion.
Legal Compliance and Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Services. If you are located outside of the United States, you shall comply with all applicable United States laws, statutes, ordinances and regulations regarding your User of our Services. Additionally, you shall be responsible for paying any and all taxes, if applicable.
Without limiting any other remedies, Trusted.Sale may, without notice, and without refunding any fees, delay or immediately remove User Content, warn Trusted.Sale’s community of a User's actions, issue a warning to a User, temporarily suspend a User, temporarily or indefinitely suspend a User's account privileges, terminate a User's account, prohibit access to our Service, and take technical and legal steps to keep a User from using our Service and refuse to provide services to a User if any of the following apply: Trusted.Sale suspects (by information, investigation, conviction, settlement, insurance or otherwise) a User has breached these Terms or other policy documents incorporated herein; Trusted.Sale is unable to verify or authenticate any of a User’s your personal information or User Content; Trusted.Sale believes that a User is acting inconsistently with the letter or spirit of Trusted.Sale’s policies, has engaged in improper or fraudulent activity in connection with Trusted.Sale, or that a User’s actions may cause legal liability or financial loss to Trusted.Sale’s Users or to Trusted.Sale.
Trusted.Sale may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by the Sections of these Terms that are meant to outlive this license.
TWIN BISON, LLC, ITS OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE THE TRUSTED.SALE WEBSITE AND SERVICES "AS IS" AND "AS AVAILABLE"AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TWIN BISON, LLC, ITS OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TWIN BISON, LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL TWIN BISON, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TRUSTED.SALE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TWIN BISON’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BISON, LLC ‘S OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO TWIN BISON, LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Twin Bison, LLC’s parent, officers, directors, members, shareholders, employees, agents and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, costs and expenses, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or rights of a third party.
For any dispute you have with Trusted.Sale, you agree to first contact us and attempt to resolve the dispute with us informally. If Trusted.Sale has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Trusted.Sale agree otherwise, the arbitration will be conducted in Atlanta, Georgia. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that upon your request, Trusted.Sale will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TWIN BISON, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Our Service is controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations. These Terms shall be governed by the laws of the State of Georgia unless otherwise specified herein. You agree to submit to the personal jurisdiction of a state court located in Georgia.
Change in Service
The Service is always evolving and the form and nature may change from time to time without prior notice to you. Trusted.Sale reserves the right to modify or terminate the Trusted.Sale Services for any reason, without notice, at any time.
Modification of Terms
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you, and you agree to receive legal notices electronically. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Trusted.Sale without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Trusted.Sale’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Trusted.Sale will deliver all notices to the email address you provided to us in your account settings; or by posting on the Site; or by any other messaging services associated with our Service. Notice shall be deemed given 24 hours after notice is emailed, posted or sent.
Any notices given to Trusted.Sale shall be delivered by postal mail to:
Twin Bison, LLC
Attn: Legal Dept.
1701 Barrett Lakes Boulevard/Suite 160
Kennesaw, GA 30040
Questions or Concerns
If you have any questions or concerns regarding any aspect of our Terms, please send a detailed message to info@Trusted.Sale and we will make every effort to answer your questions or resolve your concerns.