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Resale Technologies Terms and Conditions

Last updated: December 21st, 2016

Resale Technologies, LLC (“Resale Technologies”) provides website features and other products and services to you when you visit or shop at resaletech.com, use Resale Technologies products or services, use Resale Technologies applications for mobile, or use software provided by Resale Technologies in connection with any of the foregoing (collectively, “Resale Technologies Services”). Resale Technologies provides the Resale Technologies Services subject to the following conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of Resale Technologies Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any Resale Technologies 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, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Resale Technologies Services, such as our Newsletter, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Resale Technologies Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Resale Technologies or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Resale Technologies Service is the exclusive property of Resale Technologies and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Resale Technologies Service are trademarks or trade dress of Resale Technologies in the U.S. and other countries. Resale Technologies’ trademarks and trade dress may not be used in connection with any product or service that is not Resale Technologies’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Resale Technologies. All other trademarks not owned by Resale Technologies that appear in any Resale Technologies website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Resale Technologies.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Resale Technologies or its service providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Resale Technologies Services. This license does not include any resale or commercial use of any Resale Technologies Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Resale Technologies Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Resale Technologies or its licensors, suppliers, publishers, rightsholders, or other content providers. No Resale Technologies Service, nor any part of any Resale Technologies Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Resale Technologies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Resale Technologies without express written consent. You may not use any meta tags or any other “hidden text” utilizing Resale Technologies’ name or trademarks without the express written consent of Resale Technologies. You may not misuse the Resale Technologies Services. You may use the Resale Technologies Services only as permitted by law. The licenses granted by Resale Technologies terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any Resale Technologies Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Resale Technologies does sell products designed for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Resale Technologies Services only with involvement of a parent or guardian. Resale Technologies reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Resale Technologies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Resale Technologies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Resale Technologies and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Resale Technologies for all claims resulting from content you supply. Resale Technologies has the right but not the obligation to monitor and edit or remove any activity or content. Resale Technologies takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Resale Technologies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at info@resaletech.com.

RISK OF LOSS

All items purchased from Resale Technologies are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Resale Technologies does not take title to returned items until the item arrives at our RMA receiving center. At our discretion, a refund may be issued without requiring a return. In this situation, Resale Technologies does not take title to the refunded item.  Please review our Return Policy for further information.

PRODUCT DESCRIPTIONS

Resale Technologies attempts to be as accurate as possible. However, Resale Technologies does not warrant that product descriptions or other content of any Resale Technologies Service is accurate, complete, reliable, current, or error-free. If a product offered by Resale Technologies itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Resale Technologies and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Resale Technologies.

With respect to items sold by Resale Technologies, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Resale Technologies is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process.

RESALE TECHNOLOGIES CLIENT PORTAL TERMS

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the client portal and any related documentation) that we make available to you for your use in connection with Resale Technologies Services (the “Resale Technologies Client Portal”).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE RESALE TECHNOLOGIES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RESALE TECHNOLOGIES SERVICES ARE PROVIDED BY RESALE TECHNOLOGIES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. RESALE TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RESALE TECHNOLOGIES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RESALE TECHNOLOGIES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RESALE TECHNOLOGIES SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RESALE TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESALE TECHNOLOGIES DOES NOT WARRANT THAT THE RESALE TECHNOLOGIES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE RESALE TECHNOLOGIES SERVICES, RESALE TECHNOLOGIES’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM RESALE TECHNOLOGIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESALE TECHNOLOGIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY RESALE TECHNOLOGIES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY RESALE TECHNOLOGIES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any Resale Technologies Service, or to any products or services sold or distributed by Resale Technologies or through Resaletech.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Resale Technologies Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Resale Technologies.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your use of Resale Technologies Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.


OUR ADDRESS

Resale Technologies.com, Inc.
3065 East 14th Avenue
Columbus, Ohio 43219-2356

https://www.resaletech.com


Additional Resale Technologies Client Portal Terms

  1. Use of the Resale Technologies Client Portal. You may use Resale Technologies Software solely for purposes of enabling you to use and enjoy the Resale Technologies Services as provided by Resale Technologies, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Resale Technologies Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Resale Technologies Software or otherwise assign any rights to the Resale Technologies Software in whole or in part. You may not use the Resale Technologies Software for any illegal purpose. We may cease providing any Resale Technologies Software and we may terminate your right to use any Resale Technologies Software at any time. Your rights to use the Resale Technologies Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Resale Technologies Software that are specifically identified in related documentation may apply to that Resale Technologies Software (or software incorporated with the Resale Technologies Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Resale Technologies Service is the property of Resale Technologies or its software suppliers and protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the Resale Technologies Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Resale Technologies Software, whether in whole or in part, or create any derivative works from or of the Resale Technologies Software.
  4. Updates. In order to keep the Resale Technologies Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.