Terms and Conditions Agreement
The following describes the terms on which Trustysell
offers you access to our services.
Welcome to Trustysell. By using Trustysell.com to buy
and sell items, you agree to the following terms with Trustysell Enterprises
LLC. If you have any questions, please
refer to our help section.
This Agreement is effective on January 6, 2012 and upon acceptance for new
Before you may become a member of Trustysell, you
must read and accept all of the terms in, and linked to, this User Agreement
sites or services, or when you use the tools we make available to interact with
eBay sites and services.
While using Trustysell sites,
services and tools, you agree:
To make payment for items purchased by you in a
timely manner. (Unless the Seller has breached the agreement.)
To deliver items purchased from you in a timely
manner. (Unless the Buyer has breached
That you are over the age of 18 and able to form
legally binding contracts
Not to post content or items in an inappropriate
category or areas. Trustysell does not have categories for "Adult Content", and any inappropriate postings will be removed.
Not to violate any laws, third party rights or
Not to manipulate the price of any item or
interfere with other users' listings;
Not to avoid, manipulate or otherwise avoid fees
Not to post inaccurate or misleading content
(including personal information)
Not to post false, defamatory, libelous, or other
content unacceptable to Trustysell members or management, to be determined at
the discretion of Trustysell management.
To post honest and truthful feedback
Not to take any action that may undermine the
feedback or ratings systems (such as displaying, importing or exporting
feedback information off of the sites or using it for purposes unrelated to Trustysell);
Not to transfer your Trustysell account
(including feedback) and User ID to another party without our consent;
Not to distribute or any post spam, chain
letters, pyramid schemes; bulk electronic communications, viruses or any other
harmful technologies to Trustysell or Trustysell users;
Not to copy, modify or distribute rights or
content from Trustysell, or Trustysell�s copyrights and trademarks; or
Not to collect information about users,
including email addresses, without their consent.
Trustysell and the Community work together to keep
our sites and services working properly and the Community safe. Please report
problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our
service and user accounts, prohibit access to our sites and their content,
services and tools, delay or remove hosted content, and take technical and
legal steps to keep users off the sites if we think that they are creating
problems or possible legal liabilities, infringing the intellectual property
rights of third parties, or acting inconsistently with the letter or spirit of
our policies (for example, and without limitation, policies related to shill
bidding, conducting off-Trustysell transactions, feedback manipulation, circumventing
temporary or permanent suspensions or users who we believe are harassing our
employees or other users). Additionally, we may, in appropriate
circumstances and at our discretion, suspend or terminate accounts of users who
may be repeat infringers of intellectual property rights of third parties. We
also reserve the right to cancel unconfirmed accounts or accounts that have
been inactive for a long time, or to modify or discontinue Trustysell sites,
services or tools.
Buyers and sellers share the responsibility for
making sure purchases facilitated by Trustysell are handled smoothly. We strongly encourage buyers to work with
sellers before opening a claim relating to a purchase. Trustysell Dispute
Mediation will make the final decision in cases where the buyer and seller can
not agree. All claims should be sent to bryanb@trustysell..com
Trustysell sellers are required to comply with our
resolution process. Buyers and sellers permit us to make a final decision, in
our sole discretion, on any claim that a buyer files with Trustysell. If we resolve a dispute in the buyer's favor, we
will refund the buyer for the full cost of the item (including any applicable
sales taxes) and the original shipping, and we will require the seller to
reimburse us for the amount due to the buyer. Without limiting the foregoing,
sellers may not have to pay a reimbursement for a claim if they provide proper documentation (for example, delivery confirmation or proof that the item
was as described). In addition:
Sellers must have a reimbursement method on file
Sellers agree to allow us to remove funds from
their PayPal accounts for amounts due to buyers. Sellers may change this
reimbursement method by contacting member support. . However, we reserve the right to continue using
seller PayPal accounts for Trustysell Dispute Mediation cases associated with Trustysell
transactions paid for before the change.
Where there are insufficient funds in PayPal
accounts or where PayPal is not the reimbursement method of a seller, we will
require another reimbursement method.
Sellers agree to allow us to charge the payment
method they designate for amounts due buyers.
Changing a reimbursement
method will not affect Trustysell's use of a payment method on file for other
purposes (such as payment of your Trustysell fees). If sellers do not provide Trustysell
with a valid reimbursement method, we may collect amounts owed using other
collection mechanisms, including retaining collection agencies. We may also
suspend or restrict sellers from trading on our sites until payment is made.
Correcting Mistakes in Payments to Buyers or
Sellers. We reserve the right to fix any processing errors we
discover. We will correct any processing errors by debiting or crediting
the payment method used for the erroneous refund or reimbursement.
To protect against the risk of liability, Trustysell
may request that PayPal hold seller funds based on certain factors, including,
but not limited to, selling history, seller performance, riskiness of
the listing category, or the filing of a Trustysell Dispute Mediation
Claim. PayPal has held, and will
continue to hold, seller funds pursuant to the terms of the PayPal User
Agreement, PayPal policies and any other agreement entered into between PayPal
and its users.
Fees and Services
Joining Trustysell and bidding on listed items is Free.
We do charge fees for using other services, such as listing items. We also have
a unique approach to final value fees. At
Trustysell, the Buyer pays the Final Value Fee.
When you list an item or use a service that has a fee, you have an
opportunity to review and accept the fees that you will be charged based on our Fee Schedule. Fees changes will be reviewed on an annual
basis. All members will be notified 30
days before any fee schedule changes take place.
We may choose to temporarily change the fees for our
services for promotional events (for example, free listing days) or new
services, and such changes are effective when we post the temporary promotional
event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are
responsible for paying all fees and applicable taxes associated with our sites
and services in a timely manner with a valid payment method. If your payment
method fails or your account is past due, we may collect fees owed using other
collection mechanisms. (This includes charging other payment methods on file
with us, retaining collection agencies and legal counsel, and for accounts over
180 days past due, deducting the amount owed from your PayPal account balance.)
When you give us content, you grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable
(through multiple tiers) right to exercise any and all copyright, trademark,
publicity, and database rights (but no other rights) you have in the content,
in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images,
descriptions and product specifications that are provided by third parties
(including Trustysell users). You may use catalog content solely in connection
with your Trustysell listings during the time your listings are on Trustysell's
While we try to offer reliable data, we cannot promise that the catalogs
will always be accurate and up-to-date, and you agree not to hold our catalog
content providers or us responsible for inaccuracies in catalogs. If you choose
to include catalog content in your listings, you continue to be fully
responsible for your listings and for ensuring that your listings are accurate,
do not include misleading information, and comply with this User Agreement and
all Trustysell policies. The catalogs may include copyrighted, trademarked or
other proprietary materials. You agree not to remove any copyright, proprietary
or identification markings included with the catalogs or create any derivative
works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold Trustysell responsible for other users'
content, actions or inactions, items they list or their destruction of
allegedly fake items. You acknowledge that we are not a traditional auctioneer.
Instead, our site is a venue to allow anyone to offer, sell, and buy just
about anything, at anytime, from anywhere, in a variety of pricing formats and
locations, such as stores, fixed price formats and auction-style formats. We
are not involved in the actual transaction between buyers and sellers. While we
may help facilitate the resolution of disputes through various programs, we
have no control over and do not guarantee the quality, safety or legality of
items advertised, the truth or accuracy of users� content or listings, the
ability of sellers to sell items, the ability of buyers to pay for items, or
that a buyer or seller will actually complete a transaction or return an item.
For certain categories, particularly Motor vehicles and Real Estate, a bid or
offer initiates a non-binding transaction representing a buyer�s serious
expression of interest in buying the seller�s item and does not create a formal
contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer.
Uniform Commercial Code � 2-401(2) applies to the transfer of ownership
between the buyer and the seller, unless the buyer and the seller agree
otherwise. Further, we cannot guarantee continuous or secure access to our
sites, services or tools, and operation of our sites, services or tools may be
interfered with by numerous factors outside of our control. Accordingly, to the
extent legally permitted, we exclude all implied warranties, terms and
conditions. We are not liable for any loss of money, goodwill or reputation, or
any special, indirect or consequential damages arising, directly or indirectly,
out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of
damages, so such disclaimers and exclusions may not apply to you.
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 under the Trustysell Dispute Mediation Policy up to the full cost
of the item (including any applicable sales tax) and its original shipping
costs, (b) the total fees (under Trustysell Fees and Services) you paid to us
in the 12 months prior to the action giving rise to the liability, and (c)
If you have a dispute with one or more users, you
release us (and our officers, directors, agents, subsidiaries, joint ventures
and employees) 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.
Access and Interference
You agree that you will
not use any robot, spider, scraper or other automated means to access the sites
for any purpose without our express hand written permission.
Additionally, you agree that
you will not:
� take any action that imposes or may impose (in
our sole discretion) an unreasonable or disproportionately large load on our
copy, reproduce, modify, create derivative works
from, distribute, or publicly display any content (except for your information)
from the sites without the prior express written permission of Trustysell and the
appropriate third party, as applicable;
interfere or attempt to interfere with the
proper working of the sites, services or tools, or any activities conducted on
or with the sites, services or tools.
By listing an item on Trustysell.com, you agree to
pay Trustysell�s fees for such, assume full responsibility for the content of
the listing and item offered, and accept the following listing conditions: When
you list an item on Trustysell.com, your listing will be posted on Trustysell.com
and can be viewed in My Trustysell. Your listing may not be immediately
searchable by keyword or category for several hours (or up to 24 hours in some
circumstances), so Trustysell can not guarantee exact listing durations.
Where your listing appears in search and browse results may be based on certain
factors including listing format, title, bidding activity, end time, keywords,
price and shipping cost, feedback, and detailed seller ratings.
We do not sell or rent your personal information to
third parties for their marketing purposes without your explicit consent. We
very important community principle. We store and process your information on
computers located in the United States that are protected by physical as well
as technological security devices. You can access and modify the information
you provide us and choose not to receive certain communications by signing-in
to your account. We use third parties to verify and certify our privacy
principles. For a complete description of how we use and protect your personal
information being transferred or used in this way please do not use our
You will indemnify and hold us (and our officers, agents,
and employees) harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach
of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created by
Except as explicitly stated otherwise, legal notices
shall be served on Trustysell�s national registered agent or to the email
address you provide to Trustysell during the registration process (in your
case). Notice shall be deemed given 24 hours after email is sent, unless the
sending party is notified that the email address is invalid. Alternatively, we
may give you legal notice by mail to the address provided during the
registration process. In such case, notice shall be deemed given three days
after the date of mailing.
If a dispute arises between
you and Trustysell, our goal is to provide you with a neutral and cost
effective means of resolving the dispute quickly. Accordingly, you and Trustysell
agree that we will resolve any claim or controversy at law or equity that
arises out of this Agreement or our services (a "Claim") in
accordance with one of the subsections below or as we and you otherwise agree
in writing. Before resorting to these alternatives, we strongly encourage you
to first contact us directly to seek a resolution by going to through the
Trustysell Mediation by contacting firstname.lastname@example.org. We will consider reasonable requests to resolve
the dispute through alternative dispute resolution procedures, such as
mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes - This
Agreement shall be governed in all respects by the laws of the State of Texas as
they apply to agreements entered into and to be performed entirely within Texas
between California residents, without regard to conflict of law provisions. You
agree that any claim or dispute you may have against Trustysell must be resolved
exclusively by a state or federal court located in Harris County, Texas, except as otherwise agreed by the
parties or as described in the Arbitration Option paragraph below. You agree to
submit to the personal jurisdiction of the courts located within Harris County ,
Texas for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim
(excluding claims for injunctive or other equitable relief) where the total
amount of the award sought is less than $10,000, the party requesting relief
may elect to resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. In the event a party elects arbitration, they
shall initiate such arbitration through an established alternative dispute
resolution ("ADR") provider mutually agreed upon by the parties. The
ADR provider and the parties must comply with the following rules: (a) the
arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party
initiating the arbitration; (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and (c) any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you
bring against Trustysell must be resolved in accordance with this Legal
Disputes Section. All claims filed or brought contrary to the Legal Disputes
Section shall be considered improperly filed. Should you file a claim contrary
to the Legal Disputes Section, Trustysell may recover attorneys' fees and costs
up to $1000, provided that Trustysell has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
Each of these policies may be changed from time to time. Changes take effect
when we post them on the Trustysell site. When using particular services on our
sites, you are subject to any posted policies or rules applicable to services
you use through the sites, which may be posted from time to time. All such
policies or rules are hereby incorporated into this User Agreement.
Trustysell is located at 13123 Wickersham Lane, Houston
TX 77077. All mail should be directed to P.O. Box 441059, Houston,
TX 77244. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. In our sole discretion, we may assign this
Agreement in accordance with the Notices Section. Headings are for reference
purposes only and do not limit the scope or extent of such section. Our failure
to act with respect to a breach by you or others doesn't waive our right to act
with respect to subsequent or similar breaches. We do not guarantee we will
take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this
site. Except as stated elsewhere, all amended terms shall automatically be effective
30 days after they are initially posted. Additionally, we will notify you
through the Trustysell
This Agreement may not be otherwise amended except in a writing hand signed by
you and us. For purposes of this provision, a "writing" doesn't
include an email message and a signature doesn't include an electronic
This Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof. The following Sections survive any
termination of this Agreement: Fees and Services (with respect to fees owed for
our services), Release, Content, Liability, Indemnity and Legal Disputes.
Does an online auction need a licensed auctioneer?
No. The Texas Department of Licensing and Regulation would not consider
someone conducting an online auction to need a license from this agency, since
it is not �bid calling.� The definition of �auctioneer� pursuant to Chapter
1802.001(5) Texas Occupations Code (Auctioneer Law) includes that he or she act
as a �bid caller.� Online auctions do not have an auctioneer as a �bid caller.�