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Last Updated: November, 2019
Eshoppy, LLC operates and offers a web-based marketplace (the “Services”) pursuant to the following Terms and Conditions (“Terms”). The Services are made available through the eshoppy.com website and through any optimized version of the eshoppy.com website via a wireless device or via mobile applications that we make available (collectively, “Website”).
By clicking on the “I Agree” check box when prompted to do so, or otherwise accessing or using the Services, you accept and agree to be bound and abide by these Terms.
If you do not want to agree to these Terms, you must not register for an account or access or use the Services. By accepting delivery of any product ordered from or via the Services, you agree to be bound by the following terms and conditions and that the following terms and conditions are the exclusive terms relating to the sales transaction between you and Company.
Eshoppy reserves the right to make changes to these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. If you are dissatisfied with the Services or these Terms, you agree that your sole and exclusive remedy is to discontinue using the Services.
PLEASE PAY SPECIAL ATTENTION TO AND NOTE THE FOLLOWING PROVISIONS: WARRANTY DISCLAIMER; LIMITATIONS OF LIABILITY; INDEMNIFICATION; ARBITRATION AND WAIVER OF CLASS ACTION; GOVERNING LAW.
The Services are offered and available to users who are 18 years of age or older and reside in the United States. By accessing or using the Services, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
In order to access or use certain features of the Services, you may be required to register and create an account (“Account”). An Account refers to both an account for a buyer, and/or a seller. Depending on the level of permissions assigned to your Account, you may not have access to or be able to view or use all of the functions or features of the Services. Company may reject your application for an Account or cancel an existing Account, for any reason, in its sole discretion.
You are responsible for both:
Company reserves the right to determine, in its sole judgment, rightful Account ownership and transfer an Account to the rightful user-owner.
The Standard membership with Eshoppy is free. If you have upgraded to a GOLD or PLATANIUM membership you will be billed monthly on the credit card (U.S. and international credit cards accepted) that is on file for your account. Your card will be billed on the 15th of each month for the upcoming calendar month.
If you choose, or are provided with, a username, password, or any other piece of information as part of Company’s security procedures, you must treat such information as confidential. You are responsible for keeping your username and password secure. Company cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You agree to notify Company immediately of any unauthorized access to or use of your username, password, or Account, or any other breach of security. It is your responsibility to contact Company and change your password immediately if you feel your security has been compromised. Company has the right to disable any username, password, or other identifier, whether chosen by you or provided by Company, at any time, in Company’s sole discretion, including, if, in Company’s sole opinion, you have violated any provision of these Terms.
You are responsible and liable for: (i) your conduct; and (ii) any use of the Services through your information technology systems or environment, whether authorized or not.
Terms in this section below apply to you if you are an Eshoppy.com seller.
Subscription payments and percentages for Eshoppy Sellers are as set forth on the Eshoppy Subscription / Commission rate card, as may be updated by Eshoppy at any time effective immediately. This document will be provided separately to Eshoppy Sellers, and is a proprietary document belonging to Eshoppy.
An Eshoppy Seller is any person or entity that sells or offers for sale any item through the Service. Subject to your compliance with these Terms, Eshoppy hereby grants you a non-exclusive, non-transferable, non-assignable, non-sublicenseable, right to access and use the Services, solely in the conduct of your normal course of business to offer products and services for sale, and in accordance with these Terms. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.
Eshoppy reserves the right to provide the Services to any other persons or entities, including persons or entities that may compete with your business, and makes no promise of exclusivity in any particular market segment, territory, or otherswise. You further acknowledge and agree that Eshoppy, as well as its employees, owners, and/or and contractors may also be customers/sellers themselves, and that they may compete with you, although they may not use your Seller Content in doing so.
The Services allow you to upload, post or share information, text, data, photographs, graphics, logos and other content (collectively, “Seller Content”). In uploading, posting or sharing such Seller Content, you grant Eshoppy and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download Seller Content, including all names, trademarks, service marks, and logos, and post or forward Seller Content to others, for the purpose of providing you the Services, promoting you and soliciting contributions.
We do not claim any intellectual property rights over the Seller Content. All Seller Content remains yours. You represent and warrant that:
You understand and acknowledge that you are responsible for any Seller Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Eshoppy is not responsible or liable to any third party for the content or accuracy of any Seller Content posted by you or any other user of the Services.
You are responsible for the accuracy and content of any product listings or items offered. Your listing may not be immediately searchable by keyword or category for several hours. Eshoppy cannot guarantee exact listing durations.
We strive to create a marketplace where buyers find what they are looking for. Eshoppy may revise product data associated with listings to supplement, remove or correct information. Metatags and URL links that are included in a listing may be removed or altered in Eshoppy’s discretion.
Terms in this section below apply to you if you are an Eshoppy.com customer or buyer.
Subject to your compliance with these Terms, Eshoppy hereby grants you a non-exclusive, non-transferable, non-assingable, non-sublicenseable, right to access and use the Services. You understand and agree that the Services are provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Services under these Terms.
The Services allow you to upload, post or share information, text, data, photographs, graphics, logos and other content (collectively, “Customer Content”), including through reviews or other forums. In uploading, posting or sharing such Customer Content, you grant Eshoppy and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download Customer Content, and post or forward Customer Content to others, for the purpose of providing you the Services, promoting you and soliciting contributions.
We do not claim any intellectual property rights over the Customer Content. All Customer Content remains yours. You represent and warrant that:
You understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not Eshoppy, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Eshoppy is not responsible or liable to any third party for the content or accuracy of any Customer Content posted by you or any other user of the Services.
You are responsible for reading the full item listing before making a commitment to buy or purchase an item or product. You enter into a legally binding contract to purchase an item when you take actions to purchase an item or product through the Services.
Eshoppy does not transfer legal ownership of items from the seller to the buyer. Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
You acknowledge that, as between you and Eshoppy, Eshoppy owns all right, title, and interest, including all intellectual property rights, in and to the Services and, with respect to third-party products, the applicable third-party company owns all right, title, and interest, including all intellectual property rights, in and to the third-party products.
Eshoppy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Eshoppy. All rights are reserved. You are not authorized to use any Eshoppy name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Eshoppy. All other trademarks appearing in connection with the Services are the property of their respective owners.
The entire contents and design of the Services are protected by U.S. and international copyright law. All rights regarding the Services and materials contained on the Services are either owned by Eshoppy, are licensed to it, or are used by Eshoppy with permission. Eshoppy and its licensors, vendors or other service providers retain and reserve all proprietary rights to the contents of the Services.
You may also have access to any documentation published by Eshoppy from time to time reasonably necessary to operate the Services, including any online help and manuals (collectively, “Documentation”). You may reproduce and use the Documentation solely as reasonably necessary to support your use of the Services.
Eshoppy will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. From time to time, Eshoppy may restrict access to some parts of the Services, or the entire Services, to you. Eshoppy does not make any representations or guarantees regarding uptime or availability of the Services. Eshoppy may add, remove, or modify any / all features of the Services at any time, with or without notice. Eshoppy may offer different versions of the Services to different user groups, for example to test various products or features.
Eshoppy may immediately suspend, limit, or terminate your access to the Services, or terminate these Terms, at any time, in its sole discretion, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Services; (iii) you engage in any conduct which Eshoppy, in its sole discretion, believes creates a security risk or is otherwise harmful to Eshoppy or others; or (iv) you breach any other agreement with Eshoppy.
Upon termination, your Account and the Services will become unusable. You are responsible for maintaining archives of any Customer Content or Seller Content, as applicable, or other data uploaded to the Services. Eshoppy is under no further obligations to you upon termination of these Terms. Any rights granted to Eshoppy, with regards to Customer Content or Seller Content, shall continue in perpetuity after termination of this or any other agreement between Eshoppy and you.
The Services are controlled and operated by Eshoppy from its offices within the United States and is intended only for use by users in the United States. The Services are not intended to subject Eshoppy to any non-U.S. jurisdiction or law. Eshoppy makes no representation that the information or materials on or linked through the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you do so on your own initiative and at your own risk and are responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.
You shall not use the Services for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any users to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Services; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right, privacy right, or other right of any person, or that violates any applicable law.
In connection with the Services, you must not: (i) transmit or otherwise make available through or in connection with the Services, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious; (ii) use any device, software or routine that interferes with the Services; (iii) use the Services in an unlawful or fraudulent manner; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services; (v) use any automatic device, process or means to access the Services for any purpose, including monitoring or copying content on the Services; and (vi) otherwise attempt to interfere with the proper working of the Services.
You are responsible for the oversight and conduct of all functions related to your Account, including but not limited to the offering for sale or purchase of any items or products or anything else that is construed as a responsibility of you.
Eshoppy may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Eshoppy reserves the right to refuse service to anyone for any reason at any time.
These content standards apply to any and all Customer Content and Seller Content, and use of the Services. Customer Content and Seller Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Customer Content and Seller Content must not:
Eshoppy may, in its sole discretion, deny any application to post Customer Content or Seller Content. Eshoppy may also change these standards at any time without notice.
Prices and availability of products are subject to change without notice. Eshoppy strives for accuracy, to the extent it controls, processes, or displays the Services, in all item descriptions, photographs images, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced in the Services. Due to system, typographical, informational, technical, human, and other error, we cannot and do not guarantee that all information, including descriptions, photographs images, compatibility references, detailed specifications, pricing, links, availability and any other product-related information listed is accurate, complete or current, nor do we assume responsibility for these errors. Eshoppy reserves the right at any time and without notice to update product information and to correct or remove product-related errors, inaccuracies, or omissions. Eshoppy shall at its sole discretion have the right at any time to refuse or cancel any order for a product whose listing in the Services contained erroneous information, including but not limited to incorrect pricing. If such order is canceled after your payment card has been charged for the purchase, Eshoppy will issue a credit to your payment card in the amount of the charge.
Eshoppy is not responsible for changes or variations in product specifications or physical appearance. Unfortunately there are varying determinates which, although infrequent, could cause the information in the Services to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. Eshoppy relies on the Seller or manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event Seller or the manufacturer fails to do so. Consequently, Eshoppy will not be held responsible for product revision changes.
An order is not binding upon Eshoppy until it is accepted. Eshoppy must receive payment before it will accept an order. Payment for products ordered is due prior to shipment. You can make payment by credit or other payment card method. Your total cost for purchase of any product will include the shipping and handling charges shown on the order invoice. Your original shipping fees are non-refundable.
Shipping is dependent on the seller and will be specified in the product listing. Eshoppy does not make any guarantees regarding shipping or order processing times. In general, sellers should process orders within two business days of order and payment verification.
Shipped by Seller:
For items shipped by seller, you (the seller) are responsible for servicing and communicating with the customer. For any inbound customer inquiries or questions, we ask that you respond to all messages within 48 hours or before the end of next business day, whichever comes first. We do recommend a 24 hours response time to all customer messages, as your response time does impact your overall Seller Performance Measurement.
If a customer’s inquiry or question is not addressed within the allowed response time period, you understand and agree that Eshoppy customer service reserves the right, at its discretion and option, to step in as necessary to respond to or resolve the issue at our discretion on your behalf, and you agree to be bound by such actions and resolutions.
You, the seller, are not required to have a local customer service support by phone, as long as you have a valid customer service e-mail address in which customer can reach you and receive timely responses from.
You are allowed 72 hours to ship an order upon receiving order confirmation from us. After 72 hours, orders will auto-void and you will not be paid, regardless if you have shipped the merchandise or not.
Fulfilling orders within 72 hours is the responsibility of our sellers.
Shipped by Eshoppy.
Eshoppy will use reasonable efforts to provide 24-hour customer service on your behalf in local languages through email and chat, with selective countries offering local language phone support. Eshoppy return service is automatically provided on all SBN orders.
In order to purchase a product, you will be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a the purchase of a product and that you have all authority necessary to purchase a product using the credit card or payment mechanism that you submit. By submitting such information, you grant Eshoppy the right to provide such information to third parties for the purposes of facilitating your purchase. You acknowledge and agree that Eshoppy is not responsible for how any third party credit card or other payment method processor transmits, stores, uses or shares your information.
For Sellers: At present, merchants are paid approximately every Friday on a Net 15 days term for all orders that shipped in the Eshoppy system. Funds are deposited directly into your specified account after two weeks via ACH transfers or Direct Wire Method, so you will typically receive payment between approximately 15-21 days. Payment details will be emailed to you fortnightly, and you can also access each settlement under your Seller Portal account.
Sales tax is only required for orders shipping into states where Eshoppy has or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Alabama, California, Connecticut, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, New Jersey, New York, Nevada, North Carolina, North Dakota, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, Washington D.C., West Virginia, and Wisconsin, Wyoming will be charged applicable sales tax according to your area’s tax rate. Please note that the sales tax for New Jersey and Tennessee orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states on shipping and handling is part of the state sales tax, not a separate tax.
All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund (15 days for information technology, software, or similar items as determined by Eshoppy). A return merchandise authorization number and proof of purchase is required for all returns. You may request a return merchandise authorization number by contacting us at firstname.lastname@example.org.
Customers are responsible for the shipping and handling of all returns, which may be deducted from any refund amount by Eshoppy. Merchandise must be returned in all original packaging, with all original accessories, including the retail box, manuals, cables, and all other items originally included with the product. Any product with a missing, damaged, altered, or otherwise unreadable serial number, label, manufacturer model or part number label and/or warranty label may be rejected. An item must be unused to be eligible for a return. Any product that exhibits physical damage, tampering, customization or alterations may be rejected. Customer must contact us at email@example.com within 7 days of delivery of the product to report physical damage, tampering or defectiveness of any purchased product.
Buyers/Users are not eligible for any refund, return, warranty or cancelation under the following conditions:
• Without proof of purchase
• If there is a contract for services with the product and you have started using the services; this would include, for example, software license/ mobile phone subscriptions.
• Broken seal on any DVDs, CDs, memory cards or software,
• Any personal hygiene products, razors, shavers.
• Items were made on special order to your specification
Refunds will be delivered via the payment method provided at the time of purchase. Refunds will be issued in the amount of the total purchase price, less any sales tax and shipping and handling collected at the time of purchase. A 15% restocking fee may apply.
These terms apply to all returns and refunds.
By using the Services, you agree to this policy regardless of whether you are a seller or customer.
Additional Limited 30 Day Warranty.
When customers/buyers purchase items from Eshoppy Marketplace sellers, we want them to be confident that they will receive the level of customer service they’ve come to expect from Eshoppy. With that in mind, we offer the Eshoppy Marketplace Guarantee for purchases made from our third-party sellers. With the Eshoppy Marketplace Guarantee, if a customer meets the requirements above and below, they may be eligible for reimbursement of the purchase price of any item they purchase from a Eshoppy Marketplace seller, up to $1,000.
To be eligible for the Marketplace Guarantee, customers must meet all of the following requirements:
1. The customer ordered an item from a only ESHOPPY Marketplace seller.
2. The item was (a) never received by the customer or (b) received by the customer but is damaged, defective or materially different from what was displayed on the Eshoppy.com website by that seller.
3. If the item was damaged, defective or materially different, the customer has notified the seller within 7 days after they received the item.
4. Customer returned the item, including all component parts in its original condition to the seller.
5. The seller did not refund the amount the customer paid for the item (net of any reasonable restocking charge imposed by the seller).
We at Eshoppy will do our best to approve or deny any request under the Eshoppy Marketplace Guarantee within 1 or 2 weeks. Processing of claims may be shorter or longer depending on the complexity of the claim and the volume of claims received, however, customers generally will receive a response to their claim within one (1) week after the claim is filed on Eshoppy.
Note: If a customer refuses the package, please retain proof of package refusal with the shipping carrier. If a customer returns the package, please ensure the return shipment has tracking information. The customer’s claim may not be covered if there is no proof the package has been refused or returned.
The above warranty may be modified at any time by Eshoppy.
We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. It is expressly acknowledged by you that Eshoppy may perform Updates at any time and without your approval.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
12209 Riverwood Drive
Burnsville, MN 55337
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
THE SERVICES ARE PROVIDED "AS IS" AND ESHOPPY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. ESHOPPY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ESHOPPY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY RESULTS OF THE USE THEREOF, WILL MEET USER’S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
Transmission of information via the internet is not completely secure. Eshoppy cannot guarantee the security of information transmitted via the Services or the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that Eshoppy is not responsible for circumvention of any privacy settings or security measures contained in the Services or the Website.
TO THE FULLEST EXTENT PROVIDED BY LAW, ESHOPPY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USER’S USE OF THE SERVICES OR ESHOPPY’S WEBSITE OR ANY INFORMATION OBTAINED THROUGH THE SERVICES OR ESHOPPY’S WEBSITE OR TO USER’S DOWNLOADING OF ANY MATERIAL VIA THE SERVICES OR ESHOPPY’S WEBSITE, OR ANY WEBSITE LINKED TO IT.
ESHOPPY IS A DISTRIBUTOR THAT PROVIDES A MARKETPLACE FOR THIRD PARTIES TO PURCHASE FROM AND SELL TO OTHER THIRD PARTIES. ESHOPPY DISCLAIMS ALL WARRANTIES RELATED TO THE PRODUCTS LISTED IN THE SERVICES OR THAT MAY BE PURCHASED BY USER. THE PRODUCTS ARE NOT MANUFACTURED BY ESHOPPY. THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH PRODUCT’S MANUFACTURER’S WARRANTY, SERVICE AND SUPPORT POLICY (IF APPLICABLE). ESHOPPY ASSIGNS AND PASSES THROUGH TO USER ANY WARRANTY OF THE MANUFACTURER, AND USER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES, TO THE EXTENT THEY EXIST, AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS (OR SELLER, IF APPLICABLE). ESHOPPY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL ITEMS ARE SOLD THROUGH THE SERVICES “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER OR SELLER. SHOULD ANY OF THESE ITEMS PROVIE DEFECTIVE, DO NOT FUNCTION OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ESHOPPY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OF USE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ESHOPPY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ESHOPPY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED ONE-HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold Eshoppy, its parent and affiliate entities, and all of their owners, officers, directors, employees, contractors, agents and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to: (i) your use of the Services; (ii) your Customer Content or Seller Content, as applicable; and/or (iii) your breach of these Terms or any applicable laws.
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Eshoppy, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in Minneapolis, Minnesota and the proceeding shall be confidential. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction.
YOU AGREE THAT ESHOPPY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING ESHOPPY IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION. ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.
These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In the event of any dispute, the prevailing party shall be entitled to reasonable attorneys’ fees and costs at trial and through all appellate levels.
Under no circumstances will Eshoppy be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond Eshoppy’s reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by Eshoppy to enforce any right or provision of these Terms will not prevent Eshoppy from enforcing such right or provision in the future.
A party’s right to obtain injunctive relief under these Terms shall not limit its right to seek further remedies.
Eshoppy may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Eshoppy’s prior written consent.
Eshoppy may send notices pursuant to these Terms to your email contact points provided by you, and such notices will be deemed received 24 hours after they are sent. You may send notice pursuant to these Terms to the email address below, and such notices will be deemed to be received 24 hours after they are sent.
If you have questions or comments about the Services or these Terms, please contact us contact us at firstname.lastname@example.org