YOUR USE OF THE SERVICES (AS DEFINED BELOW) IS SUBJECT TO THE TERMS OF THIS LEGAL AGREEMENT (THESE “TERMS” OR THIS “AGREEMENT”).
IN ORDER TO USE OUR EBAY STORES OR THE INFORMATION, CONTENT OR SERVICES CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE “SERVICES”), YOU MUST FIRST AGREE TO THESE TERMS. YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US (I.E. YOU MUST BE AT LEAST 18 YEARS OF AGE OR AT LEAST 13 YEARS OF AGE AND ACCOMPANIED BY AN ADULT WHO WILL BE RESPONSIBLE FOR YOUR ACTIONS), OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SITE.
IF THERE IS ANY CONTRADICTION BETWEEN WHAT THIS AGREEMENT STATES AND WHAT ANY OTHER AGREEMENT, TERMS OF SERVICE, OR CONTENT STATE ON ANY SITE, APPLICATION OR OTHERWISE, THEN THESE TERMS SHALL TAKE PRECEDENCE.
Before you continue, you should print or save a local copy of these Terms for your records.
1. Our Provision of the Services
1.1 We may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”) provide the Services to you. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
1.2 As part of this continuing innovation, you acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform us when you stop using the Services.
2. Your Use of the Services
2.1 In order to access the Services, you may be required to provide information about yourself (such as name, address, e-mail address, identification, and/or contact details) as part of the use of the Services. You agree that any information you give to us will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) this Agreement; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2.3 You specifically agree not to access (or attempt to access) the Services through any automated means (including use of scripts or web crawlers).
2.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.5 You agree that you will not reproduce, duplicate, or copy any portion of the Services for any purpose.
2.6 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
3. Electronic Communications
When you use any Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages through the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. Orders and Product Availability; Pricing
4.1 If you wish to purchase any product made available through the Services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
4.2 All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Services does not imply or warrant that these products or services will be available.
We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); (iv) refuse or cancel any order or restrict or terminate your account for any reason, including violation of these Terms or any of our other policies; and (v) to prohibit sales to dealers and resellers. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
4.3 Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display our products and services accurately. Despite these efforts, a small number of items may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Services and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
4.4 With respect to any strike through pricing referenced in the Services, we compare the prices of our products to the prices of comparable Original Equipment Manufacturer (OEM) products or the prices of comparable products offered by other retailers and suppliers (collectively, “Third Party Suppliers”). We use the median % price variance by product category between products we carry and the respective comparable products offered by Third Party Suppliers to determine the strike through price on any product listing. We check our prices against prices offered by these Third Party Suppliers on a semi-annual basis.
5. EXCLUSION OF WARRANTIES
We cannot and do not represent or warrant that the Services or our server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE INFORMATION, CONTENTS OR MATERIALS OF THE SERVICES, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENTS THEREOF INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES AND THE CONTENTS THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
6. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY CONTENT THEREOF, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
You agree to defend, indemnify and hold harmless our company, together with our subsidiaries, affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to your conduct, your violation of this Agreement or your violation of the rights of any third party.
8. Dispute Resolution and Class Action Waiver
All disputes between you and us arising or relating to: (a) this Agreement; (b) the Services; (c) any advertisement or promotion relating to this Agreement or the Services; (d) transactions effectuated through this Services; or (e) the relationship which results from this Agreement shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes in Los Angeles, California. YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT. If this class action waiver is found to be unenforceable in a particular case, then this arbitration agreement shall be null and void in that case. This Agreement shall be governed by the Federal Arbitration Act and, where consistent, California law. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Services.
9. Other content
9.1 The Services may include hyperlinks to third party Web sites, services, products, content or resources. We may have no control over any third party Web sites or resources which are provided by companies or persons other than us.
9.2 You acknowledge and agree that we are not responsible for the availability of any such hyperlinks or such external third party Web sites, services, products, content or resources, and do not endorse any such advertising, products or other materials.
9.3 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external third party Web sites, services, products, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, our hyperlinks, Web sites or resources.
10. Changes to this Agreement
10.1 We may make changes to this Agreement from time to time.
10.2 You understand and agree that if you use the Services after the date on which this Agreement has changed, your use is acceptance of the updated Agreement.
11. Use of Information
We take your privacy very seriously. We do not sell or rent your contact information to other marketers. However, we may share your information, including your personally identifiable information, to third parties as set forth below:
Affiliates. We may disclose the information we collect from you to our controlled affiliates or subsidiaries and these entities may use the information for marketing purposes; however, if we do so, the use and disclosure of such information will be subject to these terms.
Service Providers. We may also make certain personal information about you available to companies that perform work for us to provide products and services to you on our behalf. These companies may help us process information, fulfill customer orders, deliver or market products to you, manage and enhance customer data, or provide customer service. In such situation these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with our policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, or access certain services, offers, and content on our web site. For example, as a part of the normal process of completing your purchase, we may provide your personal data to a third party payment processor, depending on your chosen method of payment. We also share information with third parties such as the U.S. Postal Service, Federal Express, and United Parcel Service to ship products and ensure product delivery.
Marketing and Analytics. We may share your personal information with third parties who may use the information we share to provide, or help other companies provide, offers to you, to market products, services or opportunities to you, and to perform data analytics regarding your use of our services and products. Companies that we share information with may use the information we provide to them, often in combination with their existing information, to provide you with more relevant advertising from us and improve our storefront experiences. You may opt out of receiving personalized advertisements from advertising companies that are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting http://www.networkadvertising.org/choices and http://www.aboutads.info/choices.
Aggregate Data. We may use aggregate, non-personally identifying information to improve our services to you. For instance, we will use this non-identifying and aggregate information to better design our storefronts. We may also share this information with third parties, including advertisers for marketing and promotional purposes. However, in these instances we do not disclose anything that could be used to identify you. We do not use or share the personally identifiable information provided to us online in ways unrelated to the ones described herein without providing you an opportunity to opt-out of such operations.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the acquiring company. You acknowledge and agree that any successor to or acquirer of our company or the storefronts will continue to have the right to use your information as set forth in these terms.
Compliance with Law and Fraud Protection. We also reserve the right to disclose your personal information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including to credit agencies, collection agencies, merchant database agencies, or law enforcement; for litigation purposes; to satisfy laws or regulations, such as the Electronic Communications Privacy Act, the Child Online Privacy Act; or pursuant to governmental requests for such information. We may collect and possibly share personally identifiable information and any other information available to us in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or as otherwise required by law. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies or procedures. Finally we may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction.
12. General Legal Terms
12.1 The Terms constitute the whole legal agreement between you and us and govern your use of the Services (but excluding any services which we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the Services.
12.2 You agree that we may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, or postings on the Services including by updating these Terms. You consent to receive e-mails from us, which may include commercial e-mails.
12.3 You agree that if we do not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
12.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
12.5 You acknowledge and agree that each member of the group of companies of which we are the parent or affiliate shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this Agreement.