Revised on January 18, 2015.
TERMS OF SERVICES
OVERVIEW
This website is operated by RemFinder. Throughout the site, the terms “we”, “us” and “our” refer to RemFinder. RemFinder offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
This User Agreement, along with the User Privacy Notice, and Mobile Devices Policy, and all other posted policies are incorporated into the this User Agreement and by which RemFinder offers you access to the use of our website, Services, tools and applications (collectively “Services”). You can find an overview of our general rules & policies here.
By visiting RemFinder.com and/or purchasing products through RemFinder, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Services apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Services are considered an offer, acceptance is expressly limited to these Terms of Services.
Any new features or tools which are added to RemFinder, shall also be subject to the Terms of Services. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – REMFINDER’S TERMS
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Services, use of our Services, or access to our Services or any contact on the website through which our Services are provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – SERVICE AND PRICES
The fees for using our Services are listed on our Selling Fees page. By posting changes on the RemFinder site 14 days in advance, we may change our Services and/or seller fees from time to time.
We reserve the right at any time to discontinue our Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our Services.
SECTION 5 – PRODUCTS OR SERVICE
We have made every effort to display as accurately as possible the colors and images of products that appear at RemFinder.com. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our listings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any listing at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected.
Listing Conditions
- When listing an item, you agree to comply with listing and selling rules and that:
- You are responsible for the content and accuracy of the item offered.
- Listing content that violates any of RemFinder’s policies may be deleted at RemFinder’s discretion.
- We strive to provide a platform where buyers find what they are looking for. Accordingly, the displaying of listings in our search results will depend on a variety of factors, including, but not limited to:
- search and relevance to the buyer’s query, buyer’s location, item’s location, color, size, thickness, price, and number of listings matching the buyer’s query.
- Accordingly, a listing may not appear in some search and browse results.
Purchase Conditions
- When buying an item, you must agree to the buyers rules and that:
- You have read the full item listing description before committing to buy.
- You have entered into a legally binding contract to purchase the item when you committed to buy.
- RemFinder does not transfer legal ownership of purchased items from the seller to the buyer.
- Unless the buyer and the seller otherwise agree, the Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller,
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any listing or purchase you place with us. We may, in our sole discretion, limit or cancel listings and purchases. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or that use the same billing and/or shipping address. In the event that we make a change to or cancel a listing and/or purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our RemFinder.com. You agree to promptly update your account and other information, including your email address, PayPal payment information, along with credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
You agree to our Seller Fees and have a payment method on file when selling or buying on RemFinder. All fees and applicable taxes associated with our Services are due at the close of the listing. If your payment method fails or your account is past due, we may collect fees owed using internal methods or the collection services of our choice. (This includes, but is not limited to: a) deducting the amount owed from your PayPal account balance, b) charging other payment methods you have placed on file with us, and/or c) retaining a collection agency or legal counsel). RemFinder, and/or retained collection agencies, may report information concerning your account to credit bureaus. Your account’s late payments, missed payments, or other defaults on may be reflected in your credit report. Please contact us at support@RemFinder.com if you wish to dispute the account information RemFinder reported to the credit bureau. To dispute information reported by a collection agency, you must contact the collection agency directly.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Services.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the RemFinder.com is governed by our Privacy Policy. To view our Privacy Policy.
You agree to receive calls from RemFinder at any of the phone numbers (including mobile numbers) that we have on file for you, including phone numbers you have provided, or that we have otherwise collected.
We may share your phone numbers and personal information with our servicing companies (such as for billing or collections) who we may use to assist us or in pursuing our rights and obligations under the RemFinder User Agreement, our policies, or any other agreement we may have with you. Our servicing companies may also contact you only as we have authorized to carry out our required purposes, and not for their own purposes.
Without your explicit consent, we will not share your phone number with other third parties for their purposes, but may share your telephone numbers with other RemFinder users as needed to complete transactions and as authorized under RemFinder’s User Privacy Notice.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in our Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your listing or purchase).
We undertake no obligation to update, amend or clarify information on our Services or on any related website; including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in our Services or on any related website, should be taken to indicate that all information on our Services or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Services, you are prohibited from using the site or its content:
- for any unlawful purpose;
- for any obscene or immoral purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- post items in inappropriate categories;
- fail to pay for items agreed to be purchased by you, unless you have a valid reason as set out in an RemFinder policy, or you cannot contact the seller (see our Unpaid item policy);
- fail to deliver items you have sold, unless there is a valid reason as set out in an RemFinder policy, for example, your buyer
- ignores the posted terms;
- interfere with any other seller’s listings;
- take any action that may undermine our ratings or feedback (see about our Feedback policies);
- post inaccurate, misleading, or defamatory content;
- transfer without our consent, your RemFinder account (including Feedback) and user ID to another party;
- interfere with the working of RemFinder’s Services;
- use any automated means to access our Services for any purpose;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, the Internet, or other users; or
- to interfere with or circumvent the technical or security features of our Services or any related website, other websites, or the Internet.
We reserve the right to terminate your use of our Services or any related website for violating any of our Terms or prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. Functionality in RemFinder’s applications may not occur in real time. Such functionality may be subject to delays beyond RemFinder’s control.
We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable. You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our Services and all products and services delivered to you through our Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall RemFinder, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of or inability to use our Services or any products procured using our Services, or for any other claim related in any way to your use of our Services; delays or disruptions in our Services; viruses or other malicious software obtained by accessing, or linking to, our Services; damage to your hardware device from the use of any of RemFinder Services or applications; glitches, bugs, errors, or inaccuracies of any kind in our Services; the content, actions, or inactions of third parties, including items listed using our Services; or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content (or product) posted, transmitted, or otherwise made available via our Services, even if advised of their possibility.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due up to the price the item sold for on RemFinder.com (including original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, or (c) $100.
SECTION 14 – Agreement to Arbitrate
You and RemFinder each agree that any and all disputes or claims that have arisen or may arise between you and RemFinder relating in any way to or arising out of this or previous versions of the RemFinder User Agreement, your use of or access to RemFinder’s Services, or any products or services sold, offered, or purchased through RemFinder’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless RemFinder, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Services or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Services is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Services, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Services are effective unless and until terminated by either you or RemFinder. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms of Services, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
These Terms of Services and any policies or operating rules posted by us on this site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Services).
Any ambiguities in the interpretation of these Terms of Services shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
You agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern the RemFinder User Agreement, these Terms of Services, and any separate agreements whereby we provide you Services and for any claim or dispute that has arisen or may arise between you and RemFinder, except as otherwise stated in the RemFinder User Agreement.
SECTION 20 – CHANGES TO TERMS OF SERVICES
You can review the most current version of the Terms of Services at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or our Services following the posting of any changes to these Terms of Services constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about our Terms of Services should be sent to us at support@RemFinder.com.
SECTION 22 – THIS USER AGREEMENT
This User Agreement, the Privacy Notice, and all policies set forth the entire understanding and agreement between you and RemFinder and supersede all prior understandings and agreements of the parties.
