Conditions of Use

(Updated: August 11, 2018)

1     WELCOME TO USEDSTUFF

We're devoted to providing a safe fair marketplace for our Buyers, Sellers, Renters, Vendors and Service Providers. We hope YOU find our site useful, intuitive and extremely beneficial in dealing with Used Stuff.

1.1    Identification and Agreeance

Whether the buyer, seller, vendor, renter, service or user herein called, “YOU” and by accessing and interacting with our servers, services, websites, or any associated content/listings/postings herein called, "USEDSTUFF", YOU agree to the TERMS OF USE.

Our PRIVACY POLICY, PROHIBITED LIST, and ANY OTHER POLICIES, SITE RULES, and AGREEMENTS REFERENCED BELOW or on USEDSTUFF, are fully incorporated into this TERMS OF USE, and YOU agree to them as well.

YOU acknowledge and agree USEDSTUFF is a private site owned and operated by Implicit.Systems LLC.

Implicit.Systems LLC, USEDSTUFF, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest herein called "USEDSTUFF Entities"

If YOU are accessing or using USEDSTUFF on behalf of a business, the business agrees to the TERMS OF USE unconditionally.

If YOU do not agree to the TERMS OF USE, YOU are not authorized to use USEDSTUFF.

We may change, modify, or alter the TERMS OF USE at any time at our sole discretion. YOU are responsible for checking for any changes.  If YOU continue to use USEDSTUFF YOU are bound by them.

 

1.2    TERMS OF USE

1.2.1    License

If YOU agree to the TERMS OF USE:

(1)    WE GRANT YOU a limited, non-exclusive, non-assignable, revocable license to use USEDSTUFF in compliance with the TERMS OF USE; unlicensed use is unauthorized.

(2)    YOU GRANT US from content YOU list on USEDSTUFF a worldwide, perpetual, irrevocable, unlimited, fully paid/sub-licensable license to use, copy, display, distribute, and make derivative works.

(3)    YOU CONSENT YOU ARE OF SUFFICIENT AGE and capacity to use USEDSTUFF and are bound by the TERMS OF USE.

(4)    YOUR USE OF USEDSTUFF ON BEHALF OF A BUSINESS, thereby binds that business to the TERMS OF USE.

1.2.2    Use

Unless licensed by us in a written agreement:

(1)       YOU agree not to use or provide software or services that download, upload, creating, accesses an account, listing, notifying, emailing, searching, or mobile use.

(2)       YOU agree not to post content that is prohibited by any of USEDSTUFF's policies or rules referenced in the PROHIBITED LIST.

(3)       YOU agree not to collect USEDSTUFF user data information.

(4)       YOU agree we may moderate USEDSTUFF access and use at our sole discretion, by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access, license or account.

(5)       YOU agree not to bypass any moderation.

(6)       YOU agree we are not liable nor obligated to moderate or not to moderate in any circumstance.

1.2.3    Liquidated Damages

YOU agree that if YOU violate the USE section, or YOU encourage, support, benefit from, or induce others to do so and YOU will be jointly and severally liable to us for liquidated damages.

YOU agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to potential monetary damages.

1.2.4    Fees

We don’t charge any fees related to your listing or account unless YOU choose to use an add-on service.

1.2.5    Disclaimer & Liability

USEDSTUFF Entities to the full extent permitted by law;

1)      make no warranties, promises, or representations as to USEDSTUFF, including its completeness, accuracy, availability, timeliness, decency, security or reliability.

2)      provides USEDSTUFF on an "AS IS" and "AS AVAILABLE" basis and any risk of using USEDSTUFF is assumed by YOU.

3)      disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement.

4)      disclaim any liability or responsibility for acts, omissions, or conduct of YOU or any party in connection with USEDSTUFF.

USEDSTUFF Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to USEDSTUFF.

1.2.6    Responsibility

Simply stated YOU are responsible for your own actions and use of USEDSTUFF.

1.2.7    Claims & Indemnity

Any Claim, cause of action, demand, or dispute arising from or related to USEDSTUFF ("Claims") will be governed by the internal laws of Colorado, without regard to conflict of law provisions, except to the extent governed by US Federal Law. Any Claims will be exclusively resolved by courts in Denver, CO (although we may seek preliminary or injunctive relief anywhere).

YOU Agree To;

1)      submit to the personal jurisdiction of courts in Denver, CO.

2)      indemnify and hold USEDSTUFF Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of USEDSTUFF.

3)      accept liability and responsibility for any Claims we may have against YOU and your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by YOU, or acting for your benefit.

1.2.8    Trademarks

The “USEDSTUFF”, "USEDSTUFF.FORSALE", "USEDSTUFF.AUCTION","USEDSTUFF.RENTALS", "USEDSTUFF.REPAIR", "USEDSTUFF.WORLD", logos are pending registered trademarks with reputable “Patent and Trademark Offices” around the world.

1.2.9    Miscellaneous

The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the TERMS OF USE, and YOU will remain bound by these sections.

If a TERMS OF USE term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TERMS OF USE controls over any translations.

1.3    PRIVACY POLICY 

This policy details how data about YOU is used when YOU access USEDSTUFF’s websites and services or interact with us.

1.3.1    Protecting your Privacy

  •         We take precautions to prevent unauthorized access to or misuse of data about YOU.
  •         We do not run ads, other than the Classifieds posted by our users.
  •         We do not share your data with third parties for marketing purposes.
  •         We do not engage in cross-marketing or link-referral programs.
  •         We do not employ tracking devices for marketing purposes.
  •         We do not send YOU unsolicited communications for marketing purposes.
  •         We do not engage in affiliate marketing (and prohibit it on USEDSTUFF).
  •         We do provide email proxy & relay services to reduce unwanted email.
  •         Please review privacy policies of any third party sites linked to from USEDSTUFF.
  •         Data YOU post on or send via USEDSTUFF, and/or send us directly or via other sites
  •         Credit card data, which is transmitted to payment processors via a security protocol (e.g. SSL).
  •         Data YOU submit or provide (e.g. name, address, email, phone, fax, photos, tax ID).
  •         Web log data (e.g. web pages viewed, access times, IP address, HTTP headers).
  •         Data collected via cookies (e.g. search data and "favorites" lists).
  •         Data about your device(s) (e.g. screen size, DOM local storage, plug-ins).
  •         Data from 3rd parties (e.g. phone type, geo-location via IP address).
  •         We preserve data as needed for our business purposes and/or as required by law.
  •         We practice good faith efforts to store data securely, but make no guarantees.
  •         YOU may access and update certain data about YOU via your account login.
  •         To vendors, service providers, merchant services, insurance entities.
  •         To respond to subpoenas, search warrants, court orders, or other legal process.
  •         To protect our rights, property, or safety, or that of users of USEDSTUFF or the general public.
  •         With your consent when YOU accepted the TERMS OF USE.
  •         In connection with a merger, bankruptcy, or sale/transfer of assets.
  •         In aggregate/summary form, where it cannot reasonably be used to identify YOU.

1.3.2    Data We Use To Provide and Improve Our Services and/or Combat Fraud/Abuse:

1.3.3    Data We Store

1.3.4    Circumstances Where We May Disclose User Data:

1.3.5    International Users 

By accessing USEDSTUFF or providing us data, YOU agree we may use and disclose data we collect as described here or as communicated to YOU, transmit it outside your resident jurisdiction, and store it on servers in the United States.

1.4    PROHIBITED LIST

YOU must comply with all applicable local and state laws, the USEDSTUFF TERMS OF USE, and all posted site rules.

1.4.1    Prohibited Content on

Partial list of goods, services, not allowed.

  •         Any good, service, or content that violates the law or legal rights of others.
  •         False, misleading, deceptive, or fraudulent content; bait and switch; keyword spam.

 

  •         Offensive, obscene, defamatory, threatening, or malicious listings or email.
  •         Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking.
  •         Exploitation or endangerment of minors; child pornography.

 

  •         Food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance.
  •         ID cards, licenses, police insignia, government documents, birth certificates, etc.
  •         Stolen property, property with serial number removed/altered, burglary tools, etc.
  •         Counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer.
  •         Recalled items; hazardous materials; body parts/fluids; unsanitized bedding/clothing.

 

  •         Prescription drugs, medical devices; controlled substances and related items.
  •         Alcohol or tobacco; unpackaged or adulterated food or cosmetics.

 

  •         Pet sales (re-homing with small adoption fee ok), animal parts, stud service.
  •         Endangered, imperiled and/or protected species and any parts thereof, e.g. ivory.

 

  •         US military items not demilitarized in accord with Defense Department policy.
  •         Weapons; firearms/guns and components; BB/pellet, stun, and spear guns, Ammunition, Clips, cartridges, reloading materials, gunpowder, fireworks, explosives if illegal in listed locality.

 

  •         Anyone’s personal, identifying, confidential or proprietary information.
  •         Lottery or raffle tickets, sweepstakes entries, slot machines, gambling items.
  •         Spam; miscategorized, over posted, cross-posted, or nonlocal content.
  •         Postings or email offering, promoting, or linking to unsolicited products or services.
  •         Affiliate marketing; network, or multi-level marketing; pyramid schemes.

 

1.4.2    Unlawful Sales of Recalled Items

Please be sure items are safe to use and legal to sell wherever YOU post.

US: Consumer Product Safety Commission (cpsc.gov)

US: Reseller's Guide to Selling Safer Products

US: SaferProducts.gov (saferproducts.gov)

US: Recalls.gov (recalls.gov)

US: Safercar.gov (safercar.gov)

CA: Health Canada Consumer Product Safety (hc-sc.gc.ca)

UK: Royal Society for the Prevention of Accidents (rospa.com)

EU: European Union Consumer Safety (ec.europa.eu)

AU: Product Safety Australia (productsafety.gov.au)

1.5    PERSONAL SAFETY

USEDSTUFF believes in safety. Please take the same common sense precautions online as YOU would offline. Following these simple precautions will keep YOU safer.

1.5.1    When meeting someone for the first time

  •         Insist on a public meeting place like the police station, a coffee house, a bank, or a shopping center.
  •         Do not meet in a secluded place.
  •         Have a friend go with YOU.
  •         Do not invite strangers into your home, have the item at the door or out in front.
  •         Be especially careful when buying or selling expensive items.
  •         Take your cell phone along. If YOU don’t have one, bring a friend.
  •         Tell a friend or family member where YOU are going.
  •         http://staysafeonline.org/
  •         http://onguardonline.gov/
  •         http://getsafeonline.org
  •         http://wiredsafety.org
  •         Never click on email links that ask YOU for any personal or account information.
  •         Make sure to login to your account by typing our primary domain, http://UsedStuff.ForSale, in the browsers address bar. Be sure YOU are not typing in a search engine field typically below the address bar.
  •         If YOU are unsure about the status of your account or your posts, the safest way to check is to go directly to http://UsedStuff.ForSale and click log in at the top.
  •         If YOU are receiving email directly from another individual (i.e. YOU can see the sender's email address), it may be advisable to forward details of the messages, including the full email headers, to the sender's email account provider.
  •         If YOU feel the harassment is significant enough, it may make sense to report the issue to law enforcement as well. In addition, it may help to set up a block against the sender's email address in your email client.
  •         If YOU receive an abusive email from an address that ends with @UsedStuff.ForSale please contact us.

1.5.2    Online personal safety resources

1.5.3    Protecting your Account Information

1.5.4    Abusive Email

1.5.5    Abusive Listings

YOU can alert us about abusive listings by using the Notify link provided on each listing.

1.5.6    Avoiding Scams

1.5.6.1     Deal Locally and Face-to-Face to avoid problems.

  •         Do not extend payment to anyone YOU have not met in person.
  •         Beware offers involving shipping - deal with locals YOU can meet in person.
  •         Never wire funds (e.g. Western Union) - anyone who asks YOU to is a scammer.
  •         Don't accept cashier/certified checks or money orders - banks cash fakes, then hold YOU responsible.
  •         Transactions are between users only, no third party provides a "guarantee".
  •         Never give out financial info (bank account, social security, paypal account, etc).
  •         Do not rent or purchase sight-unseen—that amazing "deal" may not exist.
  •         Refuse background/credit checks until YOU have met landlord/employer in person.

1.5.6.2     Reporting Scams

If YOU are defrauded by someone YOU met in person, contact your local police department.

If YOU suspect that a USEDSTUFF post may be connected to a scam, please contact one or more of the following authorities and click the Notify link on the listing.

United States

Canada

1.5.6.3     Recognizing Scams

Most scams attempts involve one or more of the following:

  •         Email or text from someone that is not local to your area.
  •         Wanting to prepay with a Cashier check, Western Union, Money Gram, or money order.
  •         Unable to meet face-to-face to complete the transaction.
  •         Email spoofing where the message may appear to come directly from USEDSTUFF.
  •         An email will look official with a link to a fake USEDSTUFF site. Please check the domain link before clicking.

 

1.5.6.4     Publication of Personal Information and Harassment

If your personal information has been posted on USEDSTUFF, use our contact form to report the issue.

1.5.7    Search Warrants and Subpoenas

USEDSTUFF does will not waive the need for due process as to any legal documentation.