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Completion of Transactions. Users are obligated and required to complete all Transactions that they have accepted (whether buyer or seller) in a timely manner, in accordance with Site rules and these Terms of Use, and to one another’s satisfaction. By accepting a trade, User agrees to be bound by the conditions of the trade so long as those conditions are not in violation of this Agreement or are unlawful. Accepted trades are not retractable except in exceptional circumstances, such as: when User’s trade partner materially changes the item’s description after User accepts; a clear typographical error is made. If User chooses to trade items intended for mature audiences or items that are restricted to adult use, User certifies that User has the legal right to access such items.

A. Information and Further Actions. Users listing Products shall provide all information required by the Company in connection with such listing (“Listing Information”). Users trading Products shall provide to trading Users all information required for such trading User to fully utilize the Product for its intended purposes, including but not limited to, passwords, license numbers, registration codes, key codes, and other necessary information as may be applicable (collectively, “Product Information”). All Listing Information and all Product Information shall be complete and correct, and shall not omit any information about the Product necessary for its use. Users trading Products shall take all appropriate further actions to complete the Transaction promptly and to recipient’s full satisfaction. If the Site does not provide adequate facilities or features for User to provide any relevant Listing Information or Product Information, then User shall not use the Site to list or exchange such Product.

B. Inspection of returned Products by Company. Upon acceptance of a return, User shall ship the Product to Company for inspection. Company’s inspection is intended to ensure that returned Product is fully functional, readable, and fit for its intended re-sale. In the event Company determines that a returned Product is defective, no refund will be made. Company will attempt to limit its inspection time; however, the inspection timeframe cannot be guaranteed. Upon completion of the inspection, providing the returned product is not defective, a full refund will be granted, minus any restocking fees associated with the returned product.

 

C. Mailing of Products. Products are typically shipped within 1 to 5 business days, but may take longer depending on stock issues. If an item is out of stock, User will be notified of a back order and can choose to keep the order or having the order refunded.  Shipping will be done by United States Postal Service or USPS.

Fraudulent Acts. User Agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a Product but not actually sending it; sending Product after unreasonable delay; claiming a Product was never received when in fact it was; claiming a Product is lost, broken, incorrect, scratched, or otherwise problematic when it is not; claiming to own a Product that User does not own the rights to; creating a different User-ID to avoid adverse action by Company; or creating a different User-ID with the purpose of falsely obtaining replacement Products, and similar actions. In addition, the following related policies will apply. Without limiting any other remedies, Company may suspend or terminate User’s account if Company suspects that User (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. Company will prosecute fraud to the fullest extent of the law, including wire or mail fraud in violation of United States and state law. Company assumes no liability for this or any other fraudulent activity by its Users.

A. When Receiving Shipments. In the event a User claims more than three (3) instances of having received a lost, broken, incorrect, scratched, or otherwise problematic Product, Company may, in its sole discretion, determine that the User is not eligible to use the Services, and Company may elect not to apply credit to the individual’s account for such lost, broken, incorrect, scratched, or otherwise problematic Product. In addition to suspending or terminating a User’s account or access to the Site or Services, Company may pursue any remedies available at law.

B. When Sending Shipments. In the event Company determines that a User has shipped a lost, broken, incorrect, scratched, or otherwise problematic Product to Company for inspection, Company may in its discretion, determine that the User is not eligible to use the Services and Company may elect not to apply any credit to the individual’s account for such lost, broken, incorrect, scratched, or otherwise problematic Product. In addition to suspending or terminating a User’s account or access to the Site or Services, Company may pursue any remedies available at law.

C. User-ID Fraud. User may not (i) select or use as a User-ID a name of another person with the intent to impersonate that person; or (ii) use as a User-ID a name subject to any rights of a person other than User without appropriate authorization; or (iii) create multiple User-IDs within a single household; or (iv) create multiple User-IDs in two or more households for the purpose of defrauding the Company or avoiding adverse action by the Company with respect to User’s account.

No Warranty. The Services, Content, Site, and any Software, if applicable, are provided on an “As Is” basis and without any warranty or condition, express or implied. Company specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

Release and Indemnity. By using the Services on the Site, User releases Company, its officers, directors, employees, agents, subsidiaries, affiliates, joint venturers, and other related parties from claims, demands, and damages of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with the Site, the Services, any Transaction effected on the Site, or otherwise arising from or in connection with the Site, the Services, or any Transaction. If you are a California resident, you waive California Civil Code §1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

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