Last Updated: August 4, 2015 2:30 PM EST
Welcome to Sell One Thing ("SOT", "Company", "we", "our", or "us").
If you sell goods or services or engage in any transaction where you receive payments as part of the transaction facilitated by SOT, you are referred to as "Seller" in this document. If you purchase any goods or services or engage in any transaction facilitated by SOT, you are referred to as "Buyer" in this document.
- Subject to the terms of this Agreement, there is no guarantee or warranty, expressed or implied, that SOT will be able to offer Services. As part of the registration process, the User will identify an administrative email and password for account. We reserve the right to refuse registration of, or cancel passwords it deems inappropriate.
- Although we may provide technical support for the Service, the User agrees there is no expectation of support of any kind from us and that support will be given under any circumstances.
- The User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services ("Software"); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
- The User represents, covenants, and warrants that the User will use the Services only in compliance with all applicable laws and regulations. The User hereby agrees to indemnify and hold harmless SOT, its board of directors, its employees, its shareholders, and any persons associated with SOT and working for SOT including third party contractors, against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the User's use of Services.
Although SOT has no obligation to monitor the User's use of the Services, we may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
- The User shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). The User shall also be responsible for maintaining the security of the Equipment, The User account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of The User account or the Equipment with or without The User’s knowledge or consent.
- The User shall own all right, title and interest in and to the The User Data. SOT shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. The User also permits that SOT may use The User Data for marketing purposes without limitation, charge, or needing to compensate the User for the use of The User Data.
- Notwithstanding anything to the contrary, Company shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning the User Data and data derived therefrom), and Company will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
- Use of Stripe integration on the Site constitutes the User's agreement to Stripe's terms and conditions, which can be found at https://stripe.com/terms.
- There is no guarantee or warranty that the Service may be available for use. THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY THE USER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- SELL ONE THING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE TRUTH OR ACCURACY OR ANY OTHER ASPECT OF ANY INFORMATION POSTED ON THIS WEBSITE BY A USER OR ANY OTHER INFORMATION APPEARING AT WEBSITES WHICH ARE LINKED TO IN ANY THIRD PARTY CONTENT. AS A SELLER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, LINKS, MATERIAL AND THIRD PARTY CONTENT APPEARING ON SITE WEBPAGES YOU CREATED AND/OR ASSOCIATED WITH YOUR ACCOUNT. YOU AGREE THAT THE COMPANY DOES NOT PRE-APPROVE OR REVIEW THIRD PARTY CONTENT; HOWEVER, THE COMPANY RETAINS THE RIGHT BUT NOT THE OBLIGATION TO DENY, REMOVE OR ALTER ANY THIRD PARTY CONTENT THAT APPEARS ON THE SITE, IF IN OUR SOLE DISCRETION, SUCH THIRD PARTY CONTENT VIOLATES THE TERMS.
- SELL ONE THING (1) MAKES NO PROMISE AS TO SOT, ITS COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, PROPRIETY, SECURITY OR RELIABILITY; (2) YOUR ACCESS AND USE ARE AT YOUR OWN RISK, AND SOT IS PROVIDED "AS IS" AND "AS AVAILABLE"; (3) WE ARE NOT LIABLE FOR ANY HARM RESULTING FROM (A) USER CONTENT; (B) USER CONDUCT, E.G. ILLEGAL CONDUCT; (C) YOUR SOT USE; OR (D) OUR REPRESENTATIONS; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("SOT ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) SOT ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by the User except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the User does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of laws provisions.
Additionally when you use the Site, you will not:
- Be false, misleading, inaccurate or include inaccurate, misleading or false information to any users, whether the user is a Buyer or Seller of goods transacted on Sell One Thing.
- Act in a fraudulent way or become involved in the sale of stolen or counterfeit items.
- Violate any local, provincial, state, federal or other applicable laws or the rights of third party parties.
- Access or use the Site if You are not able to enter into legally binding agreements, are under the age of 18, or are temporarily or indefinitely suspended from the Site.
- If you are the Buyer, fail to deliver payment for items purchased by You.
- If you are the Sller, fail to deliver items purchased from You.
- Infringe on another party’s right, title and interest in and to their intellectual property including copyrights and trademarks.
- Interfere with the sales of other online sellers in any way that injures, damages or negatively affects their use and enjoyment of the Site.
- Be libelous or defamatory with any information posted on the Site.
- Disseminate or display spam, chain letters or pyramid schemes.
- Collect information about users, including email addresses, without their consent.
- Disseminate or display content or information that (a) is offensive or inflammatory, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individuals; (b) promotes illegal or unauthorized copy of another person's work, such as providing pirated computer programs or links to them, provides information to circumvent manufacture-installed copy-protect devices, or (c) provides pirated content or links to pirated content files.
- Be obscene or post any information that contains pornography including child pornography.
- Use any automated means to access the Site.
- Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site or the ability to operate the Site as determined solely by SOT.
Here are some things you should know when you access our websites and services at Sell One Thing.
- We may send you e-mails about updates to Sell One Thing or its related businesses.
- We may share data about you with third party services for the purpose of running this Site.
- Certain details of your account may be visible on the Site, such as your e-mail address which is used for BUYERS to contact You, the SELLER.
- We keep certain data about you for the purpose of improving our service and detecting fraudulent/abusive behaviour: e-mail address, IP address, HTTP Headers, name, cookies, and other analytics related data such as those found in Google Analytics and/or similar services.
- We retain data as needed for our business purposes and/or as required by law.
- We make good faith efforts to store data securely, but can make no guarantees.
- You may access and update certain data about you via your account login.
- We may disclose data about your to third party vendors who are working on our behalf.
- We comply with all regulations and laws to which we are bound by. As such, we will respond to subpoenas, search warrants, court orders, or other legal process.
- We may diclose information about you in connection with a merger, bankruptcy, or sale/transfer of assets of SOT.
- We may diclose data in aggregate form to which it cannot reasonably be used to identify you.
- Your data is stored on servers in both the United States and Canada. As such, please be aware that data transmission outside your local jurisdiction will be transmitted at least within the United States and Canada.
We do have affiliate marketing links displayed on certain web pages on Sell One Thing at this current time. We receive payments for purchases you make through these links. We appreciate any support you can provide for us. Thank you.