By using the services on the Sell Simple website at sellsimple.com and other related websites where this Agreement appears (collectively the “Website”), you are agreeing to be bound by all of the following terms, conditions and privacy policies of this Agreement, including those available by hyperlink. Further, whether you become a member of Sell Simple by registering with us (a “Member”) or just browse/surf the Website as a non-registered user (a “Guest”) (Member and Guest collectively “User”), by using this Website you hereby agree to be bound by this Agreement and each and every of its terms.
We strongly recommend that as you read this Agreement you also access and read the linked information. By accepting this Agreement, you also agree that your use of some Sell Simple-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
Sell Simple is a web-based platform and mobile application (the “App) designed primary for the purpose of allowing Users to provide content, to interact, contract, and buy and sell goods and/or services that are posted on the Website by the Users, and provides a variety of online resources and services, including, but not limited to, the ability to create a profile, upload photos, post text and content, post feedback and/or ratings, connect to third-party websites and buy and sell goods and/or services in consideration of the Fee (as defined below) (collectively the “Services”), subject to all of this Agreement’s terms and conditions, disclaimers, and privacy policies (collectively the “Terms & Conditions”) stated herein. By using this Website, App and/or the Services in any way, you are agreeing to comply with the Terms & Conditions. Further, when using particular Services, you agree to abide by any applicable posted guidelines for said Services, which may change from time to time. Should you object to any term or condition of the Terms & Conditions, any guidelines, or any subsequent modifications thereto or become dissatisfied with Sell Simple in any way, your only recourse is to immediately discontinue use of Sell Simple, the App and the Services. Sell Simple has the right, but is not obligated, to strictly enforce the Terms & Conditions through removal, blocking usage, litigation and/or prosecution.
Sell Simple reserves the right, at our sole discretion, to modify, revise or alter the Terms & Conditions at any time with immediate effect. You must review this Agreement on a regular basis to keep yourself apprised of any changes.
There is no fee for using the Website or the App, however, fees may apply with respect to some of the Services. Sell Simple charges a transaction fee equal to Five Percent (5%) of the final sales price of the good and/or service purchased on the Sell Simple platform via its Website (the “Fee”). In the event you use the Website, App and/or Services to connect to a third-party web-based sales or auction format and, in fact, buy or sell a good or service on said third-party website, Sell Simple shall not charge you the Fee or any fee whatsoever. However, you may be subject to the fees and other terms and conditions of said third-party website.
In the event you opt for text-message notification from Sell Simple, you understand and acknowledge that your cellular telephone carrier may charge a fee for text messaging; therefore, you agree to accept said telephone fees, if any, from your cellular telephone carrier. If you use the App on your mobile device or tablet, you understand and acknowledge that your cell phone carrier may charge data fees; therefore, you agree to accept said data fees, if any, from your cellular telephone carrier. In no event shall Sell Simple be liable for any cellular telephone carrier fees, including whatsoever incurred by you.
You must be at least 18 years of age, or legally emancipated, to buy and sell any good and/or service on the Website. Anyone may download the App, browse/surf the Website and or use non-buying and non-selling aspects of the Services, however, only those legally able to enter into a contract may buy and/or sell using this Website and/or the App. When you post a good and/or service for sale on this Website or via the Services (a “Posting”), you have made a legal offer of sale to the first person or entity to accept your offer, or the person who gives you the best offer, or the highest bidder, whichever the case may be. When you agree to purchase any good and/or service from another User, at that instance you have entered into a legally binding and enforceable contract. If you fail to, in fact, purchase the item or sell the item, whichever the case may be, after you have agreed to do so, you may be liable for breach of contract, resulting in liability for monetary damages, direct or consequential, at law and possibly even specific performance at equity. It is your obligation to ensure that you are able to complete the transaction prior to posting the item for sale or agreeing to purchase the item, whichever the case may be.
Upon purchasing any item on the Website, you are required to make payment to the seller within the time allotted by the seller in his/her/its Posting. It is your responsibility to read the Posting and all terms and conditions of the offer. Once you make payment of the purchase price for the item, Sell Simple shall take its Fee and then hold the balance of the purchase price payment in trust until the funds have cleared and the transaction is completed. A transaction is completed once the buyer receives the item or when the buyer releases the purchase price payment to the seller via the “Release Payment Now” feature on the App and/or Website. In order to establish that buyer has received the item, the seller shall be required to input a USPS or private courier tracking number in the applicable location on the Posting. Once the USPS or private courier, whichever the case may be, confirms delivery, Sell Simple shall deem the transaction completed.
In the event the item that is delivered is not the item you purchased, is inauthentic (unless you purchased a copy or so-called “knock off”) or is damaged (unless you purchased a damaged item) (collectively a “Faulty Item”) and the Faulty Item is not caused by the USPS or private courier, whichever the case may be, you have the right to a refund by selecting the “Request a Refund” button and following the refund procedure. Upon your return of the Faulty Item to the seller, provided you have not already released the funds, Sell Simple shall reverse the transaction and refund your money in full. Notwithstanding any provision herein, in the event you release the funds prior to initiating the Request a Refund procedure, Sell Simple shall not be obligated to or able to assist in your refund of funds. Sell Simple cannot guarantee any particular result, that you will be satisfied with the result or that you shall, in fact, receive a refund.
By using Sell Simple’s Services, the App and Website, you agree that all the content you post and representations you make on this Website in addition to the content of emails sent through or as a result of this Website (collectively “Content”) are truthful and accurate to the best of your knowledge. All Content is the sole responsibility of the person or entity who uploaded and/or inputted said Content on this Website and/or sent information via emails through or as a result of this Website. Further, you understand and acknowledge that Sell Simple’s services are limited to providing a web-based hardware and software platform designed primarily for the purpose of allowing Users to interact as well as a buy and sell goods and/or services with minimal further action, interference or involvement of Sell Simple. In most cases, Sell Simple’s involvement in any transaction shall be limited to receiving the Fee and withholding the transaction funds to ensure the transaction is completed.
You understand that Sell Simple does not control, and is not responsible for Content made available through this Website, and that by using this Website, the App and/or the Services, you may be exposed to Content that is purely opinion, unsubstantiated, unquantified, inaccurate, misleading, offensive, indecent, or otherwise objectionable. Moreover, this Website and the Content available through the App and/or Services may contain links to other Websites that are wholly unrelated to Sell Simple. Sell Simple makes no representations, guaranties or warranties as to the accuracy, completeness or authenticity of the information contained in any said website. By linking to any other websites, you do so at your own risk. You agree that you shall personally conduct your own diligence, and bear all risks, on the use of any content on other websites. Further, with respect to other websites, you understand that you may not necessarily rely on the accuracy of said content.
Under no circumstances will Sell Simple be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via this Website, a linked website, or the website of any User. You acknowledge that Sell Simple does not pre-screen or approve Content, but that Sell Simple shall have the right, but not the obligation, in its sole discretion, to refuse, delete or remove any Content that is available through this website, for violating the Terms & Conditions or for any other reason whatsoever in Sell Simple’s sole discretion.
In no way does Sell Simple endorse or vouch for any of its users, nor does Sell Simple have any knowledge of any licenses, permits, certificates, insurances, bonds and/or degrees allegedly held by any User. Any feedback, rankings, evaluations or ratings (collectively the “Feedback”) provided by Sell Simple Users has not been verified, reviewed, confirmed, investigated, corroborated, or in way determined by Sell Simple. By relying on the Feedback, you do so at your own risk. Further, Sell Simple has no control over the Content of the Feedback, and is not responsible for the truthfulness or accuracy of the Feedback, whether positive or negative, and in no way shall be liable for the Feedback. Sell Simple has no obligation to remove or suspend any Feedback, but may do so in its sole discretion. If you believe the Feedback is inaccurate, untruthful, libelous, or in any way unlawful, please email us at email@example.com.
You further understand and agree that Sell Simple has conducted no investigation or background check on its Users, and has no control over its Users and their readiness, willingness or ability to provide or pay for goods and/or services. You agree to conduct your own diligence, exclusive of reviewing the Feedback, prior to buying and selling. You acknowledge and agree that if you provide any good and/or perform any service whatsoever without first being paid or compensated by the consumer-User, you do so at your own risk.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You agree NOT to:
Further, you agree NOT to post, email, or make Content available, directly, via links or otherwise:
By using this Website, you agree not to infringe any copyright, trademark or patent held by any User or other third party. Further, by using this Website, the App and/or the Services, you agree that you have the power, right and authority to post or transmit any Content that contains intellectual property, including, but not limited to, logos, designs, slogans, trademarks, trade names, trade dress, servicemarks, service names, copyrights and /or patents. If you believe that your intellectual property rights have been violated in any way on this website, please notify us at firstname.lastname@example.org.
You will not hold Sell Simple responsible for other users' Content, actions, omissions or postings including, but not limited to, the quality, type, scope, craftsmanship, condition, place of origin or manufacture, authenticity, fitness, fitness for a particular purpose or any other detail of any good and/or service offered by any User. In no way does Sell Simple endorse or vouch for any of its Users, their Content and/or their financial condition, insurance coverage status, business or personal ethics, or return policy. You acknowledge that we are not an auctioneer. Instead, the Website is an online venue to allow anyone to offer, sell, and/or buy various goods and/or services, at anytime, from anywhere, in a variety of pricing formats and with various terms of purchase. We have no control over and do not guarantee or warrant the quality, safety or legality of the goods and/or services requested, offered and/or advertised, the truth or accuracy of users’ Content, posts, listings or Feedback (as defined below), the ability of any User to, in fact, sell or provide any particular good and/or service, the ability of any User to, in fact, pay for any particular good and/or service, or that any individual User will, in fact, complete a transaction.
In as much as goods, as opposed to services, are the subject of any transaction, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and seller agree otherwise, the buyer shall become the lawful owner of the purchased item upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our Services, and operation of the Website and/or App may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, guaranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Website, the App and/or the Services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $250.00.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, attorneys, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 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.”
You will indemnify and hold us (and our officers, directors, agents, attorneys, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
You acknowledge that Sell Simple may establish limits concerning use of the Services, including, but not limited to, the maximum number of days that Content shall be retained on this Website, the maximum number and size of Postings, email messages, or other Content that may be transmitted or stored by this Website, and the frequency with which you may access the Services and the total dollar value of one or more Postings generally or in the aggregate during a period of time. You agree that Sell Simple has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on this Website. You acknowledge that Sell Simple reserves the right at any time to modify or discontinue the Services (or any part thereof) and the operation of the Website and/or the App with or without notice, and that Sell Simple shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services, Website and/or App.
You agree that Sell Simple, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account profile, block your email or IP address, or otherwise terminate your access to or use of this Website or its Services (or any part thereof), immediately and without notice, and remove and discard any Content within this Website, for any reason, including, without limitation, if Sell Simple believes that you have acted inconsistently with the Terms & Conditions. Further, you agree that Sell Simple shall not be liable to you or any third-party for any termination of your access to this Website or its Services. Further, you agree not to attempt to use the Website and/or Services after said termination.
You acknowledge and agree that you will not use this Website, the App and/or the Services to send spam, unsolicited email advertisements, or in any way antagonize, annoy or harass other Users. Any unauthorized use of Sell Simple computer systems, located in California, is a violation of these Terms & Conditions and certain federal and state laws, including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), California Penal Code § 502, and California Business and Professions Code § 17538.45. Such violations may subject the User and/or his/her/its employees and/or agents to civil and criminal penalties.
We collect email addresses for various purposes such as sending self-publishing and confirmation emails, providing subscription email services, authenticating user accounts, etc.
We may collect and use any personal information if you provide it in feedback or comments or if you contact us directly. Therefore, do not post any personal information that you expect to keep private.
For any and all lawful purposes, we may collect and use contact information, such as names, email addresses, phone/fax numbers, and physical addresses.
We may collect your cellular telephone number for various purposes, including but not limited to sending text-message notifications, however, we will never sell, give or otherwise provide your cellular telephone number to third parties without your prior written permission.
Our web logs collect standard web log entries for each page served, including your IP address, page URL, and timestamp. Web logs help us to diagnose problems with our server, to administer the Sell Simple website, and to otherwise provide our Services to you.
All Member profiles are stored in our database, even after deletion, and may be archived on our server or elsewhere.
Our web logs and other records are stored indefinitely.
Members can access, update, and/or revise account information through the iOS application or website.
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected, and, thus, employ various tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, third parties may unlawfully intercept, hack, fish or access transmissions or private communications, and other Users may abuse or misuse your personal and/or account information that they collect from the Website. Therefore, although we make good-faith and reasonable efforts to protect your privacy and store your data/information in a secure operating environment that is not available to the public, we can not guarantee that your personal data/information or private communications shall always remain private.
Your account data/information is password protected. We urge all Members to change their password from time to time.
We may share your information with third parties for marketing purposes.
We may engage in cross-marketing or link-referral programs with other sites.
We may send you unsolicited communications for marketing purposes.
We may employ tracking devices such as cookies, web beacons, or single-pixel GIFs, for marketing purposes.
Sell Simple does not knowingly collect any information from persons under the age of thirteen (13) unless said person has his or her legal guardians’ consent when logging in and using the permissible Services. If Sell Simple learns that a Posting is by a User under the age of eighteen (18) Sell Simple shall remove that posting. If said User is emancipated and legally able to contract for sale and/or services, said User must provide Sell Simple with written evidence of the same before Posting again.
Sell Simple or its Users may provide links to third-party websites, which may have different privacy practices. We are not responsible for, nor have any control over, the privacy policies of those third party websites, and urge all Users to read the privacy policies of each and every website visited.
Sell Simple may disclose data/information about its Users in the event that Sell Simple receives a request to disclose all or any part of the data/information under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction.
Sell Simple may also disclose data/information about its Users, including, but not limited to, email addresses, addresses, phone numbers, IP addresses, timestamps, and other User data/information to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: comply with the legal process generally, respond to claims that any Posting or other Content violates the rights of third parties, respond to claims that the contact information of a third-party has been posted or transmitted without their consent or as a form of harassment, enforce our Terms & Conditions, or protect the rights, property, or personal safety of Sell Simple, its Users and/or the general public.