NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SOURCELY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
For certain aspects of the Sites, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Sourcely if (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Sourcely may refuse to grant a particular username to you for any reason, including, without limitation, our belief that such username impersonates someone else, is protected by trademark or other proprietary right or is vulgar or otherwise offensive.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored on the Sites in connection with your use of the Content and Services (“User Content”). Sourcely is not responsible for User Content. By posting User Content on the Sites, you hereby grant to Sourcely a transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
The communications between you and Sourcely use electronic means, whether you visit the Website or send Sourcely e-mails, or use the Service or whether Sourcely posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Sourcely in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sourcely provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Where Sourcely requires that you provide an e-mail address, you are responsible for providing Sourcely with your most current e-mail address. In the event that the last e-mail address you provided to Sourcely is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Sourcely’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
Sourcely may offer management of a pay-per-click advertising campaign by the User. SOURCELY DOES NOT WARRANT THE RESULTS OF ANY SUCH PAY-PER-CLICK ADVERTISING CAMPAIGN. Sourcely may require a minimum campaign size in order for User to receive these management services. The User’s pay-per-click advertising campaign must last at least 3 months in order to be eligible to receive management services from Sourcely. User shall pay a management fee to Sourcely equal to 30% of the total amount to be spent on such pay-per-click advertising campaign at the outset of such campaign. That fee is non-refundable and will be retained by Sourcely regardless of whether User does not proceed with the pay-per-click advertising campaign or terminates such campaign prior to spending the allotted amount. User is solely responsible for the contents and truthfulness of the advertisements used in any such pay-per-click advertising campaign and is solely responsible for ensuring that advertisements comply with all applicable laws and regulations.
You may, subject to the terms contained herein, purchase access to Sourcely’s Buyback Platform. Such access is purchased for a minimum term, and, if you fail to cancel at least 30 days’ prior to the then current term, your subscription will renew for additional one year periods at the then current rate for access to the Buyback Platform. The Buyback Platform will provide a listing of devices and conditions and provide a price that you may reference in your interactions in buying back from or selling devices to your customers. Such prices represent Sourcely’s estimate only and Sourcely will have no liability (and you release Sourcely completely) arising from or related to your use of the Buyback Platform. The prices on the Buyback Platform are updated periodically as Sourcely, in its sole discretion, deems advisable.
(a) You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Content and Services or Subscription Materials must comply with all applicable laws, including those that are applicable for Commercial Products sold to individuals outside of the United States. Items identified as “not for distribution within the United States” may not be sold using the Sites.
(b) You may not offer or sell Commercial Products that infringe or have the potential to infringe upon the intellectual property rights or proprietary rights of another party.
(c) You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
(e) You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon the privacy of another or that may be libelous, slanderous or otherwise defamatory.
(f) You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party’s permission.
Reverse and Forward Logistics/Buyback General Release. BECAUSE SOURCELY IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE SOURCELY (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
For those Commercial Products that are sold to Sourcely, you warrant that such Commercial Products are in the condition described and that you have all right, title and interest in such Commerical Products necessary to convey the same to Sourcely free and clear of any liens or encumbrances to any third party.
FOR THOSE COMMERCIAL PRODUCTS PURCHASED FROM SOURCELY, SUCH COMMERCIAL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND SOURCELY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SUCH COMMERCIAL PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE ARE NO RETURNS FOR COMMERCIAL PRODUCTS PURCHASED FROM SOURCELY. ALL SALES OF COMMERCIAL PRODUCTS PURCHASED FROM SOURCELY ARE FINAL.
BECAUSE SOURCELY IS NOT INVOLVED IN TRANSACTIONS BETWEEN USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU RELEASE SOURCELY (AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
For those Commercial Products that are sold to Sourcely, you warrant that such Commercial Products are in the condition described and that you have all right, title and interest in such Commercial Products necessary to convey the same to Sourcely free and clear of any liens or encumbrances to any third party.
FOR THOSE COMMERCIAL PRODUCTS PURCHASED FROM SOURCELY, SUCH COMMERCIAL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND SOURCELY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SUCH COMMERCIAL PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
You may be presented with an opportunity to purchase aftermarket components (“Aftermarket Components”) through the Hosted Sites. Such Aftermarket Components are not Original Equipment Manufacturer (“OEM”) parts and User shall make clear using conspicuous language in its contract documents with and advertisements to its customers that the Aftermarket Components that it has received from Sourcely are not OEM parts. User shall not state or imply that the Aftermarket Components are received from, authorized by, or otherwise affiliated with Apple, Samsung, or any other phone manufacturer, nor shall User use the intellectual property, including without limitation the trademarks, logos, and tradenames, of Apple, Samsung, or any other phone manufacturer without a written agreement with such manufacturer. User represents and warrants that it will abide by the terms and conditions of this section and that it will take no steps, whether through act or omission, that create the impression that the Aftermarket Components that User receives from the Site or the Hosted Sites are OEM components or that such Aftermarket Components are affiliated with, certified by, from, or otherwise associated with Apple, Samsung, or any other phone manufacturer.
EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, AFTERMARKET COMPONENTS ARE PROVIDED ON AN “AS IS” BASIS AND SOURCELY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SUCH AFTERMARKET COMPONENTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AFTERMARKET COMPONENTS ARE NOT OEM PARTS AND INSTALLING OR USING SUCH OEM PARTS MAY VOID, INVALIDATE OR OTHERWISE NEGATE WARRANTIES OR OTHER BENEFITS FROM THE MANUFACTURER REGARDING YOUR DEVICE OF THE DEVICE OF A THIRD PARTY. YOU AGREE THAT SOURCELY SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY AND THAT YOU WILL INDEMNIFY SOUCELY AGAINST ANY CLAIM BROUGHT BY A THIRD PARTY RELATING TO APPLICABLE MANUFACTURER WARRANTIES BEING VOIDED AS A RESULT OF YOUR USE OF AFTERMARKET COMPONENTS.
The title and risk of loss to any Aftermarket Components transfers to you upon such Aftermarket Component being pulled for shipment EX Works Sourcely’s facilities (INCOTERMS 2010). You are responsible for arranging any insurance and for paying all shipping costs for any Aftermarket Components purchased through the Sites.
Aftermarket Component Return Policy. If you receive a defective Aftermarket Component, you must return such Aftermarket Component within 14 days of the purchase. You will receive a credit for the purchase price of the Aftermarket Component less a restocking fee equal to twenty percent (20%) of the purchase price of such Aftermarket Component.
You hereby represent, warrant and agree to all of the following:
Sourcely may determine, in its sole discretion, whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Content and Services, Subscription Materials or any other materials, content or services offered by or through the Sites. If Sourcely reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
Sourcely respects the intellectual property rights of others, and we ask you to do the same. Sourcely may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site and/or the Content and Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or the Content and Services, please provide Sourcely’s designated agent the following information:
Sourcely’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Sourcely designated agent that includes all of the following information:
Sourcely reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
Only services and features on the Sites clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Sourcely to provide free support for you in the use and operation of the Sites. All other applications, features, functionality and support provided by Sourcely and its partners are provided for the fees described for each on the Sites or in applicable agreements we may have with you and you are liable for such fees. If you purchase any Content and Services or Subscription Services we offer for a fee, you agree to Sourcely, or any of our third party service providers, storing your payment information.
You understand and agree that Subscription charges are recurrent and you authorize us (without notice to you, unless required by applicable law) to collect recurrently the then-applicable fees, any applicable taxes and any other charges you may incur in connection with your use of the Services, Content, or Subscription materials or services, using the payment method designated on your initial registration with Us. If you are under a Subscription, You may notify us at any time that you wish to terminate your Subscription but your termination will only become effective at the end of your Subscription term. If you do not notify us of your intention to terminate your then-current term, your Subscription will automatically renew for the same term. You may notify us of your cancel your account by emailing help@Sourcely.com or calling 480-559-9910.
If you subscribe for the Subscription Materials, you expressly agree that we are authorized to use your payment information to charge you a monthly subscription fee, the amount of which shall be posted on the Website, along with any applicable taxes. That subscription fee may, from time to time, be increased or decreased. We will use our best efforts to notify you of any such increase or decrease by sending you an email to the email address you provided us when establishing your account. Notwithstanding the immediately preceding sentence, you agree that 30 calendar days after we post any change to the subscription fee, we are authorized to use your payment information to charge you that new amount.
You also agree that we or any of our licensees operating a Hosted Website may use your payment information to charge you for any Content and Services you purchase through any of the Hosted Websites, plus any applicable taxes, or for reimbursement for all collection costs and interest for any overdue amounts owed in connection with any purchased Content and Services or Subscription Materials. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected fees.
You take full responsibility for all taxes and fees of any nature, including any sales taxes, associated with the purchase of any Commercial Products. Sourcely shall not be liable for any taxes or other fees associated with the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as part of the Content and Services or Subscription Materials that estimate the taxes owed in connection with any transaction are for illustration purposes only.
Sourcely uses reasonable efforts to maintain the Sites, but Sourcely is not responsible for any defects or failures associated with the Sites, any part thereof, any content posted on the Sites or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Sites may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Sourcely may undertake from time to time; or (c) causes beyond the control of Sourcely or that are not foreseeable by Sourcely.
In addition to other rights or remedies that Sourcely may have herein or pursuant to law, Sourcely may suspend your access to the Site or the Content and Services in the event that you engaged in, or Sourcely in good faith suspects you are engaged in, any unauthorized conduct (including, but not limited to any violation of these Terms). Sourcely will attempt to contact you prior to or contemporaneously with such suspension; provided, however, that Sourcely’s exercise of the suspension rights herein shall not be conditioned upon your receipt of any notification. You agrees that Sourcely shall not be liable to you or any other third party if Sourcely exercises its suspension rights as permitted by this Section. Upon determining that you have ceased the unauthorized conduct leading to the temporary suspension to Sourcely’s reasonable satisfaction, Sourcely shall reinstate your access and use of the Site and Content and Services. Notwithstanding anything in this Section to the contrary, Sourcely’s suspension of access to the Site or Content Services is in addition to any other remedies that Sourcely may have under these Terms or otherwise, including but not limited to termination of these Terms for cause. Additionally, if there are repeated incidences of suspension, regardless of the same or different cause and even if the cause or conduct is ultimately cured or corrected, Sourcely may, in its reasonable discretion, determine that such circumstances, taken together, constitute a material breach.
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND CONTENT WITHIN ANY SITE YOU OPERATE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL COMMUNICATIONS AND ELECTRONIC PAYMENT PROCESSING. SOURCELY WILL NOT BE HELD RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH INACCURACIES. YOU FURTHER UNDERSTAND THAT SOURCELY MAY, BUT IS NOT REQUIRED OR OBLIGATED TO, MAINTAIN COPIES OF FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR BACKING UP THIS DATA.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITES AND THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS AND ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SOURCELY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER SOURCELY NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITES, THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS AND ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SOURCELY OR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS OR ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF ANY OF THE SITES AND YOUR RELIANCE UPON THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS AND ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES IS AT YOUR SOLE RISK. IN ADDITION, SOURCELY IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE WEBSITE TO ANYONE. YOU ARE SOLELY RESPONSIBLE FOR THE COST OF ANY TRANSMISSION OR CONNECTION WITH THE SITE AND CONTENT AND SERVICES, INCLUDING WITHOUT LIMITATION ANY TEXT MESSAGING FEES THAT MAY APPLY TO SUCH TRANSMISSIONS.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX, LEGAL OR OTHER PROFESSIONALS. NONE OF THE SERVICES OFFERED THROUGH THE WEBSITE PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.
SOURCELY AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS AND ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITES, THE CONTENT AND SERVICES, SUBSCRIPTION MATERIALS OR ANY OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES OUTSIDE THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER SOURCELY NOR ANY THIRD-PARTY PROVIDERS, LICENSORS, PARTNERS OR AFFILIATES WARRANT THAT THE SITE, IT’S SERVERS THE MATERIALS OR THE SERVICES OR ANY EMAIL SENT FROM ANY OF THE SITES OR ANY THIRD-PARTY PROVIDERS, LICENSOR, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOURCELY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE ANY OF THE SITES, ANY CONTENT OR SERVICES, SUBSCRIPTION MATERIALS, OTHER SERVICES OFFERED THROUGH OR CONTENT CONTAINED ON THE SITES OR COMMERCIAL PRODUCTS PURCHASED THROUGH ANY OF THE SITES (THE “PURCHASED ITEMS”); (B) THE COST OF PROCUREMENT OF SUBSTITUTES FOR THE PURCHASED ITEMS; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SITES, ANY CONTENT OR SERVICES, SUBSCRIPTION MATERIALS OR PURCHASED ITEMS. IF YOU ARE DISSATISFIED WITH ANY OF THE SITES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE IN ACCORDANCE THE PROCEDURES SET FORTH IN THE “FEES” SECTION ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOURCELY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR SELLING OR PURCHASING THE PURCHASED ITEMS.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This provision, the Dispute Resolution and Arbitration, Class Action Waiver provision (the “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Sourcely. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and Sourcely shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Sourcely” means Sourcely and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Sourcely regarding any aspect of your relationship with Sourcely, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as Sourcely’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For all Disputes, whether pursued in court or arbitration, you must first give Sourcely an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Sourcely, 4710 E. Elwood Street Suite #14, Phoenix, Arizona 85040. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If Sourcely does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or Sourcely may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Sourcely, 4710 E. Elwood Street Suite #14, Phoenix, Arizona 85040. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Sourcely through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Sourcely. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Sourcely may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or Sourcely may initiate arbitration in either Maricopa County, Arizona or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, Sourcely may transfer the arbitration to Maricopa County, Arizona in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Sourcely will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Sourcely as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Sourcely specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and Sourcely are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Sourcely might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with Sourcely or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if Sourcely makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Sourcely to adhere to the language in this Provision if a dispute between us arises.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Site and Service are provided by Sourcely, 4710 E. Elwood Street Suite #14, Phoenix, Arizona 85040 If you have a question or complaint regarding the Site or Service, please contact Customer Service at firstname.lastname@example.org. You may also contact us by writing Sourcely, 4710 E. Elwood Street Suite #14, Phoenix, Arizona 85040. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone ator (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
(e) In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Sourcely, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
Sourcely is not affiliated with the manufacturers of the items available for trade-in. All other trademarks, logos and brands are the property of their respective owners.