Retrace Mobile TERMS AND CONDITIONS OF USE
Last Updated: March 30, 2017
This Retrace Mobile User Agreement (the " Agreement ") sets out the terms on which Retrace Corporation (collectively " we ", " us " or " our ") offers you access and use of our platform, sites, services, applications and tools (collectively, " Services ").
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SERVICES.
MODIFICATION OF THIS AGREEMENT
We reserve the right to change any of the terms of this Agreement at any time. When we change any of the terms of this Agreement, the "Last Updated" date at the top of this document will be revised. Your continued use of the Services after we provide you with notice of any revised terms will constitute your acceptance of those revised terms. If you do not agree to any changes to this Agreement, you must discontinue use of the Services.
The Retrace Mobile platform provides users with data analytics, data services and a marketplace for sellers (each, a "Seller") and buyers (each, a “Buyer”) to distribute information about new, used or refurbished electronic equipment (“e-equipment”) they offer for sale or want to buy. While we provide data analytics and other guidance in our services, such guidance is solely informational and you may decide to follow it or not. The services and content are provided for informational purposes only. You understand and agree that the Service does not recommend any e-equipment, nor does mention of a particular e-equipment on the Service constitute a recommendation for you to buy or sell. We also no responsible for listings placed on our marketplace. Sellers are solely responsible for setting the terms of sale of their e-equipment offered. We are not responsible for the transfer of legal ownership of e-equipment or any representations made by the Seller. The transfer of ownership occurs between Buyer and Seller in accordance with applicable law. You shall conduct all Transactions in compliance with the terms of this Agreement and all applicable laws, rules and regulations. You expressly agree that your use of the service and content is at your sole risk.
USE OF CONTENT
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or Submissions owned by Retrace or its licensors that are featured or displayed on the services, including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any content could cause irreparable harm to Retrace and its Licensors and agree that in the event of any such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
You are responsible for ensuring that all of your Submissions do not violate any copyright, trade secret, or other rights of another person or entity. You shall be liable for any damages resulting from any infringement of copyrights, trade secret, or other rights, or any other harm resulting from your posting, uploading, or submission of any Submission to the Site.
By posting, uploading or otherwise submitting any Submission to the Site, you expressly grant to Retrace a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licenseable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Submission in perpetuity throughout the universe, without any further notice or payment to or permission from you. Retrace will have no obligation to use any Submissions.
We may, but are not obligated to, monitor or review Submissions posted, uploaded or submitted by users of the Services. We are not in any manner responsible for the content of these Submissions. You acknowledge that by providing you with the ability to view Submissions on the Site, Retrace and Retrace Mobile is not undertaking any obligation or liability relating to any such Submissions, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Submissions from any user, including without limitation any Submissions that in its sole discretion Retrace determines violate the Code of Conduct.
Any opinions, advice, statements, or other information contained in Submissions expressed or made available on the Site are those of the respective author(s) or distributor(s) and not of Retrace nor Retrace Mobile. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Submission.
ACCOUNT REGISTRATION AND SECURITY
You must create an account to have access to all of the parts of the Services. In consideration of your use of the Service, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services. Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. Information you provide to our Payment providers will not be shared with any third party without your permission, unless required to do so by law or subpoena.
ACCURACY OF INFORMATION
We attempt to ensure that information on the Services is complete, accurate and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete or out of date. We are not responsible for any information provided by or on behalf of Sellers and do not independently verify such information. If, after initiating a Transaction, you conclude that the e-equipment is not as described or depicted on the Site or that either Seller or Buyer is not able to perform, your sole remedy is to elect not to complete the Transaction.
CODE OF CONDUCT
By accessing or using the Services, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person or entity, to:
- Post, transmit, or cause to be displayed on the Services any Submission that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone's use or enjoyment of the Services, as determined by Retrace.
- Post unsolicited advertising or unlawfully promote products or services, including sending unsolicited email advertisements.
- Impersonate another person or entity.
- Introduce viruses, worms, Trojan horses, harmful code, or any software or other materials that contain a component harmful to the Services.
- Gain unauthorized access to any computer system or nonpublic portion of the Services or interfere with or disrupt the Services, servers or networks connected to the Services.
- Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about the users of the Services.
All activities, conduct and trade on the Retrace Mobile platform by Retrace Mobile users must be in full conformity with all applicable laws, rules and regulations. If E-equipment is exported, directly or indirectly, Retrace Mobile users are responsible for maintaining awareness of national import prohibitions and unique national definitions of hazardous waste and for ensuring any exports legally conform to such national law.
THIRD PARTY LINKS
The Services may contain links to other sites on the Internet that are owned and/or operated by third parties (the "External Sites"). Neither Retrace nor Retrace Mobile has control over these External Sites, all of which have separate privacy and data collection practices, independent of Retrace. Retrace is not responsible for the External Sites or the privacy practices or the content of such web sites. You access them at your own risk. Links do not imply that Retrace sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
Either party may suspend or terminate access to or use of Services at any time, for any reason or for no reason. Additionally, we also may block your access to our Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
NO LIABILITY FOR TRANSACTIONS OF E-EQUIPMENT
We provide a platform for data analytics and for Sellers to make available, and potential Buyers to review, information about e-equipment. We are not an e-equipment dealer or broker, and we do not sell, offer for sale, exchange, buy, or negotiate the sale of any e-equipment. The decision to buy or sell e-equipment is made solely by the Buyer and Seller, and any Transaction is solely between the Buyer and the Seller. You acknowledge that Retrace nor Retrace Mobile has any obligation or liability relating to transactions or e-equipment, including without limitation, customer inquiries, comments or complaints relating to Transactions or e-equipment; warranty issues and complaints concerning defects and/or damage to e-equipment; the Seller's payment processes, refunds, cancellations, returns and adjustments; or the sourcing, selling and delivering of any e-equipment. You should direct any inquiries, comments or complaints relating to Transactions or e-equipment to the applicable Seller rather than to us.
IN NO EVENT SHALL RETRACE OR Retrace Mobile® HAVE ANY LIABILITY WHATSOEVER WITH RESPECT TO ANY TRANSACTION, E-EQUIPMENT MANAGEMENT OR YOUR INTERACTIONS WITH ANY BUYER OR SELLER. WE ARE NOT AN AGENT OF ANY SELLER OR BUYER AND ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ANY SELLER OR BUYER.
We make no warranties or representations about the accuracy or completeness of the information on the Data and Services, the Content made available on the Services, any user Submissions or the content of External Sites.
We disclaim all liability for lost data. We are not responsible for the back-up of any data; you are responsible for backing up data that you submit to the Services. You acknowledge and agree that after account termination, we are under no obligation to retain or return to you any of your data. We are not responsible for protection or privacy of electronic mail or other information transferred through the Internet or any other network that you may utilize, including in connection with the provision of the Services.
ALL OF THE CONTENT, SUBMISSIONS, INFORMATION AND SERVICES CONTAINED IN AND/OR PROVIDED VIA THE SERVICES, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS", “AS AVAILABLE BASIS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RETRACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RETRACE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR OTHER INFORMATION AVAILABLE VIA THE SERVICES IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RETRACE OR Retrace Mobile BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, E-EQUIPMENT, AND MATERIALS AVAILABLE FROM THE SERVICES. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SERVICES AND/OR ANY INFORMATION MADE AVAILABLE VIA THE SERVICES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EXCEED THE GREATER OF $10.00 OR THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAYABLE (EXCLUDING ANY AMOUNTS PAYABLE TO A SELLER) IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE OF THE USE THAT GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF A DISPUTE ARISES BETWEEN YOU OR ONE OR MORE BUYERS OR SELLERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL) AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU FURTHER RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL) AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY TRANSACTION OR ATTEMPTED TRANSACTION OR ANY E-EQUIPMENT OR THE USE THEREOF.
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 agree to indemnify, defend, and hold harmless Retrace and Retrace Mobile, its officers, directors, employees, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement, your use of the Services (including negligent or wrongful conduct) and/or the use of the Services by any other person using your user account.
APPLICABLE LAW AND DISPUTES
This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Washington, without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement or the Services shall be resolved exclusively in the state or federal courts located in King County, Washington. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to this Agreement or the Services must be commenced within one (1) year after the claim or cause of action arises.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms of this Agreement. We may assign our rights and duties hereunder to any party at any time.
COPYRIGHTS AND TRADEMARKS
The Services are the copyrighted property of Retrace. The Services may include Content owned by others that is licensed to Retrace. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names are trademarks or registered trademarks of and are proprietary to Retrace or its licensors.
If you would like to contact us about this Agreement or the Services or if you would like to report a violation of our Code of Conduct, please contact us at firstname.lastname@example.org
Copyright 2015 Retrace Corp. All rights reserved.