Terms and Conditions Agreement

The following describes the terms on which Trustysell offers you access to our services.

Introduction

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 users.

Scope

Before you may become a member of Trustysell, you must read and accept all of the terms in, and linked to, this User Agreement and the Trustysell Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Trustysell sites or services, or when you use the tools we make available to interact with eBay sites and services.

Using Trustysell

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 the agreement.)

� 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 our policies.

� Not to manipulate the price of any item or interfere with other users' listings;

� Not to avoid, manipulate or otherwise avoid fees or billing.

� 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.

Abusing Trustysell

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.

Dispute Mediation

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 with Trustysell.

� 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.

Holds

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.)

Content

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 sites.

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) $100.

Release

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 infrastructure;

� 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.

Listing Conditions

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.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Trustysell Privacy Policy. We view protection of users' privacy as a 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, see the Trustysell Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

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

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

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.

Legal Disputes

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 membersupport@trustysell.com. 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.

General

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 Message Center. 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 signature.

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.�