Welcome to Safe Resell
These terms and conditions outline the rules and regulations for the use of Safe Resell's Website.
Terms of Service
LAST UPDATED: July 14th 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECT YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH Safe Resell L.L.C. BY ACCESSING OR USING OUR WEBSITE, APPLICATIONS OR OTHER PRODUCTS OR SERVICES (TOGETHER, THE “SAFE RESELL SERVICE”), YOU AGREE TO BE BOUND BY ALL TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (“TERMS”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SAFE RESELL SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
These Terms apply to your access to and use of the Safe Resell Service provided by Safe Resell L.L.C (“Safe Resell,” “we” and “us”). Additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) may apply to particular functionalities and features related to the Safe Resell Service.
Note: From time to time Safe Resell introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to such new features.
ONLY USERS WHO ARE THIRTEEN (13) YEARS OF AGE OR OLDER MAY REGISTER FOR OR USE THE SAFE RESELL SERVICE. The Safe Resell Service is not targeted towards, nor intended for use by, anyone under the age of thirteen (13). If you are between the ages of thirteen (13) and eighteen (18), you may use the Safe Resell Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and any applicable additional terms. You further represent and warrant that you: (a) have not previously been suspended or removed from using the Safe Resell Service; (b) are legally permitted to, and do, live in the United States or one of its territories, and (c) may enter into this agreement without violating any other agreement to which you are a party. If you are registering to use the Safe Resell Service on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf.
2. Account Registration and Security Responsibilities
In order to access certain parts of the Safe Resell Service, you may be required to create a Safe Resell account (an “Account”). You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Safe Resell to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Safe Resell may elect to do from time to time.
3. Purchases From Other Users.
A. Cash and Other Payments Determined by Users are prohibited. A buyer or seller may not agree to exchange cash payments. Safe Resell is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner if cash payments are made.
B. Safe Resell Payment Solution. A buyer and seller should instead pay with and accept credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the Safe Resell Service. Safe Resell has integrated with PayPal, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using PayPal’s payment processing services (“Safe Resell Payment Solution”). Buyers must enter in the required information to add funds to their wallet through PayPal. Users do not have to register to be a PayPal member. Enrollment in and usage of the Safe Resell Payment Solution is voluntary. Safe Resell, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Safe Resell Payment Solution. Additionally, PayPal may impose its own limits and limitations on a seller’s use of the Safe Resell Payment Solution.
i. Buyers. All purchases made using the Safe Resell Payment Solution are made indirectly between the buyer and the seller when they complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the Safe Resell Payment Solution, we process your Electronic Payment Method using PayPal’s payment processing service to add funds to your wallet. You then will use those funds to “pay” for an item upon entering in the item code given to you by the seller. Safe Resell is not a party to add funds to your wallet through transactions completed using the Safe Resell Payment Solution and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to PayPal. Safe Resell further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided.
ii. Buyer Fees. You agree to pay 5% of an items total price to Safe Resell. These fees cover the processing fee of PayPal, as well as fees to Safe Resell.
iii. Sellers. Upon giving the buyer an item’s 4-digit code, the seller wallet amount will be credited the amount for that item. Seller can then initiate a funds transfer to their bank account. The seller most have their bank information inputted on their profile for this to occur. Safe Resell will then send those funds, minus the seller fees, to the seller’s bank account. This process will happen within 24 hours of the request and funds should be in the seller’s bank account within 3 days of the transfer initiation from Safe Resell L.L.C.
iv. Seller Fees. You agree to pay the service fees (“Service Fees”) of 5% of the funds transfer amount. Safe Resell reserves the right to change the Service Fees from time to time.
v. Receiving Sales Proceeds. Upon completion of a sale in which the buyer uses the Safe Resell Payment Solution, the seller will have to initiate a transfer which is located in the profile section of a user’s account. Safe Resell will then initiate that transfer within 24 hours of that request and funds should be in the seller’s bank account within 3 days of the transfer initiate from Safe Resell.
vi. Acceptable Use Violations. YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 7 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vii. Transactions Final. ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Safe Resell will not be responsible for facilitating refunds once seller’s 4-digit code has been entered. A buyer, however, can refund the money back to their wallet prior to the 4-digit code being entered if seller and/or buyer changes their mind on the sale. However, Safe Resell can offer to buy your item back if the item is unsatisfactory at a reduced cost. Please email Contact@saferesell.com for information regarding this.
viii. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Safe Resell Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Safe Resell is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Safe Resell Service.
C. Featured Product. Sellers can choose to have their item become a featured item which will be seen on the homepage of the website. The cost to having an item featured is a flat rate of $50. Safe Resell will cover 50% of shipping cost up to $25 to allow for sellers to sell this item nationwide. Firearms and related items are excluded from being featured.
i. Sellers. From time to time, Safe Resell may, in its sole discretion, permit certain sellers to post their items for sale nationwide as a featured product. Sellers will be charged a posting fee for any sale that results in an item being shipped. Sellers who choose to post nationwide must ship their items in accordance with Safe Resell’s Shipping Policy. When a seller accepts a buyer’s offer to purchase an item to be shipped, the seller must print the pre-paid shipping label and mail the item within 3 business days of accepting the offer. The seller may cancel an accepted offer up until the package is initially scanned for mailing. The buyer’s payment, minus Safe Resell’s nationwide posting fee, will be released to the seller no later than 3 business days after delivery.
ii. Buyers. From time to time, Buyers will be able to view items posted nationwide by sellers who have agreed to use the Safe Resell shipping feature. For these items, the buyer is solely responsible to pay the cost of shipping the item from the seller. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer. When a seller accepts a buyer’s offer to purchase an item for shipping, Safe Resell will charge or put a hold on the buyer’s method of payment, pending delivery of the item. If there are any problems with the delivery or the item itself, please consult the Safe Resell. For any undisclosed damage, incorrect or missing items, or items that are not as described, buyers must contact Safe Resell within 3 days of delivery, otherwise Safe Resell will deem the transaction closed and release the buyer’s payment to the seller.
4. Terms of Sale for Safe Resell’s Paid Services.
From time to time, Safe Resell may make certain services available for a fee in connection with the Safe Resell Service (“Paid Services”). The following terms of sale apply solely to your purchase of Paid Services from Safe Resell.
A. Fees. Unless otherwise agreed upon by Safe Resell in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the Safe Resell Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
B. Payment Method. You may only pay Fees using valid payment methods acceptable to us, as specified via the Safe Resell Service. You represent and warrant that you are authorized to use the payment method you designate via the Safe Resell Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
C. Subscriptions. CERTAIN OF THE PAID SERVICES PROVIDED BY SAFE RESELL MAY BE OFFERED ON A SUBSCRIPTION BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE SAFE RESELL SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) SAFE RESELL (OR ITS DESIGNATED THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION SERVICE CONTINUES, AND (II) THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SAFE RESELL SERVICE IN ACCORDANCE WITH THESE TERMS.
D. Cancellation Policy For Subscription Services. TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW.SAFE RESELL.COM) AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
E. Price Changes. SAFE RESELL RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.
F. Taxes. You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax and will provide notice of such taxes at the time you place your order.
G. No Refunds. Except as provided in Section 5(H), or as otherwise expressly agreed upon by Safe Resell, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION SERVICES PERIODS.
H. Errors. In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
5. Discontinuance of the Safe Resell Service
Safe Resell may, in its sole discretion and without liability to you, modify, discontinue, terminate, suspend or shut-down (temporarily or permanently) all or any portion of the Safe Resell Service at any time, without prior notice. Upon any such action by Safe Resell, you must immediately stop using the Safe Resell Service. You may also cancel your Account at any time, as described in Section 15 below.
6. Acceptable Use
When accessing or using the Safe Resell Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort. Without limiting the generality of the foregoing, you agree that you will not do, and will not permit any third party to do, any of the following:
Engage in any unauthorized use of the Safe Resell Service (including, without limitation, political campaigning, advertising, or marketing);
Transmit or otherwise make available any content that: (1) you do not have the right to provide or transmit using the Safe Resell Service, (2) may expose Safe Resell or its affiliates, licensors, or users to any harm or liability, or (3) is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, unlawful, untrue, or otherwise objectionable;
Upload to, transmit, distribute, store, create, or otherwise sell or offer for sale anything that violates our policy.
Transmit or otherwise make available any content that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Originate, send, deliver, relay or otherwise transmit unsolicited commercial email or other messages through the Safe Resell Service;
Copy any portion of the Safe Resell Service or any underlying content or source code;
Reverse engineer, disassemble or decompile any portion of the Safe Resell Service or otherwise attempt to discover or re-create the source code to any software;
Distribute the software or source code behind the Safe Resell Service to any third party;
Make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Safe Resell Service;
Remove, alter, or obscure any copyright or other proprietary notices of Safe Resell or its affiliates or licensors in any portion of the Safe Resell Service;
Obscure or disable any advertisements that appear on or through the Safe Resell Service;
Use any type of automated means, including without limitation any harvesting bot, robot, spider, script, crawler, scraper or other automated means or interface not provided by Safe Resell, to utilize the Safe Resell Service or to collect or extract data;
Access without authorization any networks, systems, or databases used in providing the Safe Resell Service or any accounts associated with Safe Resell Service, or to access or use any information therein for any purpose;
Attempt to probe, test, hack, or otherwise circumvent any security measures;
Violate any requirements, policies, procedures or regulations of any network connected to the Safe Resell Service;
Use the Safe Resell Service in any manner that could damage, disable, overburden, or otherwise impair the Safe Resell Service (or the networks connected to the Safe Resell Service);
Interfere with or disrupt the use and enjoyment by others of the Safe Resell Service, including without limitation attempting, in any manner, to obtain the password, account, or other security information of any other user;
Falsely state, impersonate, or otherwise misrepresent your identity;
Provide false information during Account creation or the Safe Resell Payment Solution, or otherwise provide false, inaccurate or misleading information;
Create more than one Account or create an Account on behalf of anyone other than yourself without permission;
Use or attempt to use another user’s Account without authorization;
Attempt to pay for an item using the Safe Resell Payment Solution with an Electronic Payment Method that you either do not own or are not validly authorized to use;
Use the Safe Resell Service in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person;
Use the Safe Resell Service in any manner that exposes Safe Resell to any harm or liability of any nature;
Use the Safe Resell Service to infringe or violate the intellectual property rights or any other rights of anyone else (including Safe Resell);
Develop any third-party applications that interact with the Safe Resell Service without Safe Resell’s prior written consent;
Use the Safe Resell Service to engage in any illegal or unauthorized purpose or to engage in, encourage, or promote activities that are unlawful, misleading, malicious or discriminatory, including, but not limited to violations of these Terms, illegal gambling, fraud, money-laundering, or terrorist activities;
Transfer any rights granted to you under these Terms; or
Encourage or induce any third party to engage in any of the activities prohibited under this section.
If you violate any of the foregoing, Safe Resell reserves the right to suspend or terminate your right to access and use the Safe Resell Service immediately without notice, and you will have infringed Safe Resell’s intellectual property and other rights, which may subject you to prosecution and damages. Safe Resell also reserves the right to take any remedies it deems appropriate under the circumstances if you have purchased or sold items that are in violation of this Section 7. Safe Resell reserves the right at all times to monitor, review, retain and disclose any information regarding your use of the Safe Resell Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. You also acknowledge and agree that Safe Resell is not responsible or liable for the conduct of, or your interactions with, any users of the Safe Resell Service (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Safe Resell Service will not contain any content that is prohibited by these Terms.
7. User Content
In the course of using the Safe Resell Service, you may transmit or otherwise make available certain content, including information about yourself, content, messages, materials, data, information, text, photos, graphics, code or other items or materials (“User Content”) through interactive areas or services, such as posting items for sale, making an offer, private messaging, or other areas or services. User Content may be publicly viewable in some instances. Safe Resell reserves the right, but does not have the obligation, to remove, screen or edit any User Content posted, transmitted, or stored on the Safe Resell Service at any time and for any reason without notice. 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 Safe Resell Service any of the following:
User Content that is, in Safe Resell’s judgment, disrespectful or may expose Safe Resell, Users or others to harm or liability;
User Content that may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Private information of any third parties, including addresses, phone numbers and payment card information;
Viruses, corrupted data or other harmful, disruptive, or destructive files; or
User Content that inhibits any other person from using or enjoying the Safe Resell Service.
You are solely responsible for creating backup copies of and replacing your User Content at your sole cost and expense. You acknowledge and agree that Safe Resell is not responsible for any errors or omissions that you make in connection with the Safe Resell Service. By submitting or posting User Content, you hereby grant to Safe Resell a non-exclusive, transferable, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, perform, and display the User Content, and your name, company name, location and any other information you submit with the User Content, in connection with the Safe Resell Service. The use of your or any other User’s name, likeness, or identity in connection with the Safe Resell Service does not imply any endorsement thereof unless explicitly stated otherwise. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
You agree that Safe Resell may moderate access to and use of the Safe Resell Service in our sole discretion through any means (including, for example, blocking, filtering, deletion, delay, omission, verification, and/or termination of your access. Furthermore, we have the right to remove any posting you make on the Safe Resell Service if, in our opinion, your post does not comply with the content standards set out in Sections 7 and 8 above, and any other Safe Resell Service rules. You agree not to bypass or attempt to bypass such moderation. You further agree that Safe Resell is not liable for moderating, not moderating or making any representations regarding moderating.
9. Third Party Services and Content
In using the Safe Resell Service, you may view content, utilize services, or otherwise interact with content and services provided by third parties, including, but not limited to, the Safe Resell Payment Solution provided by a third-party payment processor, the Safe Resell fulfillment solution through third-party logistics providers, links and/or connections to websites, applications or services of such parties (“Third-Party Content”). Safe Resell does not control, endorse or adopt any Third-Party Content and you acknowledge and agree that Safe Resell will have no responsibility for any Third-Party Content, including without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business or other dealings or correspondence with such third parties are solely between you and the third parties. Safe Resell is not responsible or liable for any damage or loss of any sort caused, or alleged to be caused, by or in connection with any such dealings, including the delivery, quality, safety, legality or any other aspect of any good or services that you may purchase or sell to or from a third party.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding the Safe Resell Service or any other products or services of Safe Resell (collectively, "Feedback"), is non-confidential and will become our sole property. We will have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Further, you agree not to submit any feedback that is defamatory, illegal, offensive or otherwise violates any right of any third party or breaches any agreement between you and any third party.
11. Copyright Policy
A. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Safe Resell has adopted a policy of terminating, in appropriate circumstances and at Safe Resell’s discretion, users who are deemed to be repeat infringers. We also may, at Safe Resell’s discretion, limit access to the Safe Resell Service and terminate access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
B. Copyright Complaints. If you believe that anything on the Safe Resell Service infringes upon any copyright that you own or control, you may notify Safe Resell at firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Safe Resell or the alleged infringer as the result of Safe Resell’s reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
12. Intellectual Property Rights
Unless otherwise indicated, the Safe Resell Service and all content, materials, information, functionality and other materials displayed, performed, contained or available on or through the Safe Resell Service, including, without limitation, the Safe Resell logo, and all designs, text, graphics, pictures, information, data, sound files, images, illustrations, software, other files, and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of Safe Resell or its affiliates or licensors, and are protected by U.S. and international copyright laws and other intellectual property rights laws.
Except as otherwise provided, subject to your compliance with all of the terms and conditions of these Terms, and in consideration of your promises reflected herein (and with respect to any services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, non-assignable and non-transferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Safe Resell Service, (ii) cause the Materials to be displayed from a computer and/or mobile device and (iii) use the Materials, solely as permitted under these Terms (the “License”). Safe Resell and its affiliates and licensors reserve all rights not expressly granted to you in these Terms. You agree that these Terms do not grant you any rights in or licenses to the Safe Resell Service or the Materials, except for this express, limited License. You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Safe Resell Service or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you agree not to frame or display the Safe Resell Service or Materials (or any portion thereof) as part of any other website or any other work of authorship without our prior written permission. The License granted under this Section will automatically terminate if we suspend or terminate your access to the Safe Resell Service.
Safe Resell, Safe Resell.com, Safe Resell L.L.C. and other Safe Resell graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Safe Resell or its affiliates in the U.S. and/or other countries, and may not be copied, imitated, or used, in whole or in part, without Safe Resell’s prior written consent. You will not use any trademark, product or service name of Safe Resell without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product of service name of Safe Resell. All other registered trademarks and service marks are used for reference purposes only and remain the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by Safe Resell.
14. Suspension; Termination.
Safe Resell may revoke or terminate your License to access or use the Safe Resell Service for any reason without notice at Safe Resell’s sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Safe Resell Service or Materials, or any other Safe Resell product or service, or (iii) use the Safe Resell Service or the Materials other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Safe Resell Service immediately if Safe Resell suspends or terminates your License to access or use the Safe Resell Service. Safe Resell reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Safe Resell Service during suspension or after termination. Safe Resell may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the Safe Resell Service is suspended and after it is terminated.
You may also terminate your License to access or use the Safe Resell Service by closing your Account at any time. For more details on how to close your Account, please refer to our FAQs.
15. Disclaimer of Warranties
A. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SAFE RESELL SERVICE, THE MATERIALS, THE PAID SERVICES, AND ANY ITEMS SOLD BY USERS THROUGH THE SAFE RESELL SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SAFE RESELL SERVICE, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN, AND ANY ITEMS SOLD THROUGH THE SAFE RESELL SERVICE.
B. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SAFE RESELL NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR THE RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES OF SUCH PARTIES (COLLECTIVELY, THE "SAFE RESELL PROVIDERS") REPRESENT OR WARRANT (I) THAT THE SAFE RESELL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SAFE RESELL SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR ERROR FREE; (II) THAT THE SAFE RESELL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SAFE RESELL SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SAFE RESELL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SAFE RESELL SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SAFE RESELL SERVICE; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (VI) THAT THE SAFE RESELL SERVICE, MATERIALS OR ITEMS SOLD THROUGH THE SAFE RESELL SERVICE ARE NON-INFRINGING; OR (VII) THAT ANY BADGE IS A REPRESENTATION AS TO THE IDENTITY, CHARACTER OR INTEGRITY OF ANY PERSON, BUSINESS, OR ENTITY THAT IS ASSOCIATED WITH A BADGE.
C. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SAFE RESELL SERVICE MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES OUTSIDE OF OUR REASONABLE CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SAFE RESELL SERVICE.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
16. Assumption of Risk
A. 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 (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 4). 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 USERS 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 SAFE RESELL’S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. 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, SAFE RESELL DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANTY 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 IN SECTIONS 16-22 OF THESE TERMS OF SERVICE.
17. Limitation of Liability
A. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE RESELL OR THE SAFE RESELL PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SAFE RESELL SERVICE OR MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SAFE RESELL SERVICE OR MATERIALS, (II) ANY INABILITY TO USE THE SAFE RESELL SERVICE OR MATERIALS FOR WHATEVER REASON, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SAFE RESELL SERVICE, EVEN IF SAFE RESELL OR THE SAFE RESELL PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM (Y) RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR (Z) THAT RESULT FROM EVENTS BEYOND SAFE RESELL’S OR THE SAFE RESELL PROVIDERS' REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAFE RESELL’S RECORDS, PROGRAMS OR SERVICES.
B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAFE RESELL OR THE SAFE RESELL PROVIDERS (JOINTLY), ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE OFFER UP SERVICE OR OTHERWISE RELATING TO THESE TERMS EXCEED THE GREATER OF (I) ANY COMPENSATION YOU PAY, IF ANY, TO SAFE RESELL FOR ACCESS TO OR USE OF THE SAFE RESELL SERVICE OR MATERIALS DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (II) $100 U.S. DOLLARS.
C. THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR SAFE RESELL OR THE SAFE RESELL PROVIDERS' GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT OR FRAUD.
You agree to hold harmless, defend and indemnify Safe Resell and the Safe Resell Providers from all liabilities, losses, damages, deficiencies, claims, causes of action, demands and expenses, (including, but not limited to, reasonable attorneys' fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of the Safe Resell Service or Materials, including, without limitation, any actual or threatened suit, demand or claim made against Safe Resell or any Safe Resell Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms including without limitation your breach of any of your representations and warranties; (iii) your use of any of the Safe Resell Service or Materials; (iv) any content that you store on or transmit through the Safe Resell Service; or (v) any items that you mail or ship in connection with the Safe Resell Service, including items sold to other Safe Resell users. Safe Resell may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Safe Resell in such event.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (INCLUDING A JURY TRIAL WAIVER) ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH SAFE RESELL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SAFE RESELL (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
A. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 7 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Safe Resell agree (1) to waive your and Safe Resell’s respective rights to have any and all Disputes arising from or related to these Terms, the Safe Resell Service or the Materials, resolved in a court, and (2) to waive your and Safe Resell’s respective rights to a jury trial. Instead, you and Safe Resell agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
B. No Class Arbitrations, Class Actions or Representative Actions. You and Safe Resell agree that any Dispute arising out of or related to these Terms, the Safe Resell Service or the Materials is personal to you and Safe Resell and that such Disput