Terms & Conditions-Dibind, LLC

1. Acceptance of Terms and Conditions

Dibind owns and operates www.dibind.com the website and online service of Dibind, LLC ("Company," "we," or "us"). This page explains the terms by which you may use our online and/or mobile services, web site,and software provided on or in connection with the service, as well as any and all services provided (collectively called the “Service”). By accessing or using the Service, you certify that you have read, understood, and agree to be bound by this Terms & Conditions agreement ("Agreement") and to the collection and use of your information as set forth in the Company Privacy Policy, located at https://www.dibind.com/privacy_policy, whether or not you are a registered user of our Service.

Company reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").

This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2. Use of Our Service

Company provides a place for people to buy and sell used furniture online.

  • a. Eligibility

    This is a contract between you and Company. You must read and agree to these terms before using the Company Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Company.

  • b. Company Accounts

    Your Company account gives you access to the services and functionality that we may establish and maintain from time to timeand in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Company account on behalf of a company, organization, or other entity, then "you" includes you and that entity, and you represent and warrant thatyou are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

    You may never use another User's account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Company immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

  • c. Service Rules

    You agree not to engage in any of the following prohibited activities:

    • 1. Using any automated system, including without limitation "robots", "spiders" "offline readers", etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of timeby using a conventional on-line web browser.

      2. Transmitting spam, chain letters, or other unsolicited email;

      3. Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

      4. Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

      5. Uploading invalid data, viruses, worms, or other software agents through the Service;

      6. Collecting or harvesting any personally identifiable information, including account names, from the Service;

      7. Using the Service for any commercial solicitation purposes;

      8. Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

      9. Interfering with the proper working of the Service;

      10. Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

    You are solely responsible for your interactions with other Company Users. We reserve the right, but have no obligation,to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

3. User Generated Content

Company takes no responsibility and assumes no liability for any User Generated Content that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Generated Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Generated Content. You understand and agree that you may be exposed to User Generated Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Generated Content.

4. User Content License Grant

Once you post User Generated Content, you expressly grant the Company the power to modify, publish, and distribute said content in any way the Company wishes to. By posting User Generated Content in the Site, you are also granting expressly that you represent and warrant all the rights necessary to grant said power to the Company.

5. Company Proprietary Rights

Software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Generated Content belonging to other Users (the "Company Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensor's (including other Users who post User Generated Content to the Service).

Any value value attributed to such data by you or a third party, you understand and agree that once it resides in the company's servers, it may be deleted, altered, moved or transferred at any time for any reason in the Company's sole discretion, with or without notice and without liability of any kind.

6. Paid Services

Certain aspects of the Service may be provided for a fee or other charge. We have included a non-binding, general description of our pricing, delivery, and payment policies applicable to our paid services here: (http://support.dibind.com). If you elect to purchase goods or sell goods on the Site, you will be subject to, and hereby agree to be bound by, certain additional terms and conditions posted in certain areas of the Site. Each time you use the Service, before confirming your final purchase or sale of goods, you will have the opportunity to review on the Site and provide consent to the specific terms and conditions applicable to your purchase or sale of such goods. We will not change the specific terms and conditions as in effect on the date you place a purchase order for a particular item nor will we change the specific terms and conditions as in effect on the date you place your order to sell a particular item after it has been purchased by a third party using the Service. We reserve the right to change the terms and conditions applicable to your order to sell a particular item at any time prior to such item being purchased by a third party using the Service with advance notice to you, in which case, you hereby agree to be bound by such changed terms and conditions.You hereby consent to receive any such notice of changed terms and conditions via e-mail communication to the e-mail address you provide when placing your order to sell. Company may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.

7. Penalties and Fees

Buyer(s) Fees

Cancellation

20% of Item(s) purchased

Restocking and Storage

Rescheduled Shipping (Same as shipping cost)

Seller(s) Fees

Daily Delay

$40

Reschedule

$20

Undisclosed Item Defect

Total Shipping Cost

Cancellation

$100

 

8. Privacy

You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://www.dibind.com/privacy_policy), and to have your personally identifiable information collected, used, transferred to and processed in the United States.

9. Security

Company does not guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Company's Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Generated Content submitted by other Users.

11. Indemnity

You agree to defend, indemnify and hold harmless Company and its managers and employees from and against any and all claims, damages,obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • 1. Your use of and access to the Service, including any data or content transmitted or received by you;

    2. Your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;

    3. Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;

    4. Your violation of any applicable law, rule or regulation;

    5. User Generated Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information;

    6. Your wilful misconduct

    7. Any other party's access and use of the Service with your unique user-name, password or other appropriate security code.

12. No Warranty

The service is provided on an "as is" and "as available" basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without any warranties. Express or implied.

Company does not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party through the company service or any hyper-linked website or service, and company will not be a party to or in any way monitor any transaction between you and a third-party providers of products or services.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Company, managers, and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, or other intangible losses arising out of the use of, or inability to use, this service.

Under no circumstances will company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

Company assumes no liability or responsibility, to the maximum extent applicable by law, for any:

  • 1. Errors, mistakes, or inaccurate content

    2. Personal injury or property damage, resulting from your use of our service

    3. Unauthorized access to our use of our secure servers and/or any and all personal information stored therein

    4. Interruption or cessation of transmission to or from the service

    5. Bugs or viruses that may be transmitted to or through our service by any third party

    6. Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, or made available through the Service.

    7. User content or the defamatory, offensive, or illegal conduct of any third party.

The Service is controlled and operated from facilities in the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

14. General

  • 1. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

    2. Notification Procedures and Changes to the Agreement. Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

    3. Entire Agreement/Sever-ability. This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceable of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

    4. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

    5. Contact. Please contact us at contact@dibind.com with any questions regarding this Agreement.

This Agreement was last modified on June 17, 2016.