Terms and Conditions
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions (these “Terms”) apply to the services, sale and purchase of products by and through Your Turn LLC (“Services”) or use of the website: www.yourturnsale.com (the “Site”). These Terms are subject to change by Your Turn LLC and its affiliates (the “Company”, which may be referred to as “us”, “we”, or “our” as the context may require), without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and it is your sole responsibility to review these Terms prior to using the Site or the Services. All amended Terms will become effective immediately on the date posted unless we state otherwise and will apply prospectively after such changes and updates become effective. Your use of the Site or the Services after we have posted any changed version to the Site constitutes your acceptance of and agreement with any and all terms, conditions, and/or changes shown in the then-posted version.
1. Registration, Listing and Posting.
A. By accepting the Services or using the Site, you represent that you are at least 18 years of age and lawfully allowed to accept the Services and to access the Site (“User”).
B. You grant us certain permissions to use your personal property listings and content (“Listings”). We may display listings shared by you or by the Company on your behalf. You grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of such listings and any other content, data, or information shared by you or on your behalf or accessed by us in connection with your use of the Services and/or Site, including photos and videos (together with Listings, your “Seller Content”). You represent and warrant that you have all necessary rights in Seller Content to grant us the licenses and rights set forth in these Terms.
C. You are responsible for your Listings. Even if we host and display your Seller Content on the Site, you are solely responsible for the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. You are solely responsible for setting the price of products or services you offer. If we provide guidance regarding a suggested price for products or services you offer, such guidance is informational only and the decision to accept or reject such guidance is solely yours. Notwithstanding the foregoing, at any time, we have the right to reduce, discount, and/or sell personal property made available to the Company for the purchase by other Users below the listed price. The Company reserves the right to have store wide sales without providing notice to you and to reduce listed prices up to 75% off in order to reduce inventory. Commissions on personal property sold during such a sale will be paid out based on final sale price.
D. You are responsible for applicable taxes relating to your Listings. Even if we host and display your Seller Content, you are the seller of record and agree to comply with all applicable tax laws and ordinances. You are solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for sales that result from your use of the Services and/or Site. You are solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services.
E. You agree that you are solely responsible for determining that the Services and/or Site are suitable for your intended use.
F. Sales of counterfeit or pirated products and sales prohibited by government sanctions are strictly prohibited. Without limiting the generality of the policies set forth above, you are expressly prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Services and/or Site. You may not use the Services and/or Site in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. sanctions law or in a manner that would otherwise violate applicable U.S. or non-U.S. trade sanctions laws.
G. You are responsible for providing customer service to Users in connection with your Listings and personal property. You are responsible for providing, managing, paying for, and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Users in connection with your use of a the Services and/or Site.
H. Any incentives we provide do not modify these Terms. You agree that we may offer promotions, discounts or other incentives (“Incentives”) to you or directly to Users to encourage engagement with Listings or Seller Content, and that such Incentives does not violate any other agreement you have or alter your obligations under these Terms.
I. We may review your Seller Content to ensure the integrity of our services, but this does not change your obligations to us or to Users. These reviews may include automated or other audits of your Seller Content to verify compliance with these Terms and applicable law, but do not mean that we assume any responsibility or liability or otherwise agree to modify your responsibilities and liabilities under these Terms and applicable law.
J. Third Party Sites. The Site may contain links to outside, third-party sites and/or advertisements. We are not responsible for and you agree that we have no liability for the practices, terms and conditions, or privacy policies of any such third-party. You are solely responsible for reviewing any third-party site’s practices, terms and conditions, and privacy policies of all third-party sites that you may access through any link on the Site.
K. Prohibited Uses of the Site.
You may only use the Services and/or Site for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with our or any other User’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
A. We may modify of cease providing our Services, with or without prior notice or liability to you,
B. We may provide to you certain services including, but not limited to, marketing and selling your personal property and making available to you for purchase the personal property of others (“Services”). These Services are provided as a convenience only. You use them at your sole discretion and risk. We are not responsible for any inaccuracies, errors or liabilities that may arise out of their use. Additional terms may apply to their use. While we may provide certain services to enable transactions or to help resolve issues with other Users, we have no control over and do not guarantee the performance or actions of any User, including the ability of Users to pay for personal property you offer or that another User will actually complete a transaction.
AT NO TIME IS COMPANY THE OWNER OF ANY PERSONAL PROPERTY MADE AVAILABLE FOR SALE.
C. Company will withhold a fee on personal property items sold through use of the Services and/or Site (“Commission”).
D. If you are making personal property available for purchase by other Users or to the Company to make available for purchase, you represent and warrant that you have the lawful title to such personal property and the lawful right to make such personal property available for purchase and for Company to sell such personal property. You are responsible for ensuring the integrity and safety of all personal property you offer for sale through our Services and/or Site. As between us, you are solely responsible for any defect or non-conformity in any personal property you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any and all personal property. You agree to promptly remove any personal property upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to your personal property offered for sale.
E. If you are purchasing personal property made available by other Users through our Services and/or Site, you agree that the Company is NOT the owner of any such personal property and makes the personal property available to you without any warranty of any kind, pursuant to Section 4 below. You further acknowledge and agree that the User, and not the Company, is responsible for ensuring the integrity and safety of any personal property you purchase through our Services and/or Site. As between us, you are solely responsible for any inspecting such personal property for any defect or non-conformity in any personal property you purchase and any recourse for any such defect or non-conformity shall be solely between you and the User offering the personal property.
ALL SALES ARE FINAL AND COMPANY DOES NOT ACCEPT RETURNS OF PERSONAL PROPERTY FOR ANY REASON.
3. Intellectual Property. The Services and the Site and their entire contents (including but not limited to all marketing materials, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (“IP”) are owned or licensed by Company, its licensors or other providers and are protected by United States and international copyright, trademark, and other intellectual property or proprietary rights laws. Any use of our Site not expressly permitted within these Terms is not permitted, is a breach of these Terms, and may violate intellectual property, copyright, trademark or other laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content or materials on the Site without our written permission.
B. Use. Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any IP or material on the Site, except as follows:
- You may print or download one copy of a reasonable number of pages of the Site, such as a receipt of sale or reservation, for your own personal, non-commercial use and not for further reproduction, publication or distribution;
Users may not:
- Modify or make copies of any IP;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from IP or copies of materials from the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Services and/or Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
C. Trademarks. “Your Turn LLC”, and all other related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates, partners or licensors. You may not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of such companies and the owners thereof and we do not convey to you any license or rights of use. You agree that, and assign to us, any existing or future work product, derivative works and feedback concerning the Site and its contents is the property of the Company.
4. Disclaimer of all Warranties. YOUR USE OF THE SERVICES OR THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES ARE PROVIDED ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES OR THE SITE OR THE PERSONAL PROPERTY MADE AVAILABLE THROUGH EITHER, INCLUDING THE CONTENT OF EACH, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR PERSONAL PROPERTY OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Liability and Limitation of Liability. AT NO TIME IS COMPANY RESPONSIBLE FOR FIRE / LOSS / THEFT / DAMAGE TO ANY PERSONAL PROPERTY THAT YOU OFFER THROUGH THE SITE AND/OR SERVICES OR MAKE AVAILABLE TO THE COMPANY TO OFFER FOR PURCHASE TO OTHER USERS. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR THE SITE, , INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. COMPANY IS NOT LIABLE TO THE GREATEST EXTENT ALLOWED BY LAW. TO THE EXTENT COMPANY IS LIABLE TO YOU, THE TOTAL LIABILITY IS LIMITED TO $50.00.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Indemnification. You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, (including but not limited to claims for property damage, bodily injury or death, and to the extent permitted by law, claims based on our negligence), damages, losses and expenses of any kind (including reasonable legal fees and costs) (collectively, “Claims”) arising from or related to your sale or purchase of personal property through the Services and/or Site, your acts or omissions with respect to User Data or any breach or alleged breach of these Terms. You agree to indemnify and hold us harmless from all Claims related to Taxes & Fees, including any penalties and interest (“Tax Liabilities”) that may result from your use of the Services and/or Site. You agree that (a) we have no liability to you or any taxing jurisdiction for any Tax Liabilities; (b) you are solely responsible and liable for payment of Tax Liabilities; and (c) you shall not seek reimbursement from us for Tax Liabilities.
7. Termination and Suspension. You agree to use and access the Services and Site only as authorized in accordance with these Terms. We may suspend or terminate the Services or your ability to use the Site in our sole discretion, with or without cause, at any time, without prior notice to you. You may terminate these Terms at any time by providing us with at least 30 days prior written notice. These Terms and any updated versions will still apply following any termination of these Terms.
8. Other terms and conditions.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provided to us, (ii) sending a letter to you via US mail and to the address you have provided to us, or (iii) by posting it to the Site. Notices sent by mail shall be effective upon deposit in the U.S. mail, notices sent by email will be effective when we send the email, and notices we provide by posting to the Site will be effective upon such posting. It is your responsibility to keep your mailing address and email address current and to monitor the Site for posted notices.
To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to 6868 Washington Ave S, Eden Prairie, MN, 55344. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier or by registered or certified mail will be effective upon our receipt.
B. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms or your use of the Services and/or Site are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota. You consent to the jurisdiction and venue of the state courts located in Hennepin County or in the United States District Court located therein, and irrevocably waive, to the fullest extent permitted by applicable Law, any objection that it may now or may later have to the personal jurisdiction and venue of these courts such court and to any claim of inconvenient forum.
C. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
D. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.
E. Acceptance. Your use of the Services and/or Site constitutes your acceptance of these Terms and your use of the Services and/or Site after we have posted any changed version to the Site constitutes your acceptance of and agreement with any and all terms, conditions, and/or changes shown in the then-posted version. Such acceptance shall have the same legal force and effect as if you had physically or electronically signed these Terms. You agree to the admissibility of all computer records and/or electronic evidence in any dispute under these Terms.
F. Relationship of Parties. These Terms and your use of the Services and/or Site do not create any partnership, joint venture, franchise, sales representative or agency relationship between you and the Company or an exclusive relationship between us. You and Company are independent contractors.