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User Agreement
Before registering with PassTheTrash.com, you must read and review all the conditions and terms. By registering you state you agree and accept all terms and conditions outlined in this User Agreement. The annotations, numbers, headers, and paragraphs are for commercial purposes only. Any portion, paragraph, language, terms and/or conditions in this user agreement is found to be unenforceable and declared null and void, the remainder of this agreement shall be in full force and effect.
All questions regarding this User Agreement should be sent via email to Legal@PassTheTrash.com.
1. Joining – Buying and Selling
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Persons 18 years old and older may enjoy the benefits of buying and selling on PassTheTrash.com. The online registration form must be completed with truthful and verifiable information about the registrant. If information submitted is found to be false or misleading, the registrant’s account may be cancelled or suspended.
2. PassTheTrash.com’s Role
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It is expressly understood and agreed that PassTheTrash.com, its owners, agents, employees, web designers, managers, officers, parent companies, sister companies, administrators, other web sites, and/or anyone else associated with the web site and/or company (hereinafter “PassTheTrash.com”, “web site”, or “site”) shall not be held liable to include without limitation, any loss, damages, lost business opportunities, profits and/or duress that a user may have as a result of using this site. PassTheTrash.com is not an auction clearinghouse; therefore we will never have possession or even an inspection of any of the items listed on the site. Any and all agreements to purchase, and/or sell item(s) are by and between the seller and the buyer. If a buyer or seller has a disagreement regarding a transaction, it is expressly understood and agreed that PassTheTrash.com is not bound to mediate, investigate, and/or negotiate a resolution and will only participate in such efforts in its sole and absolute discretion if it chooses to do so. It is further understood that PassTheTrash.com will assume no liability and makes no representations whatsoever as to the suitability, warranty, specific use, features, quality, type, availability or any other characteristics regarding any items listed on the site and that both the sellers and buyers do hereby agree to indemnify and hold harmless PassTheTrash.com as a result of any misrepresentations, incomplete statements of fact, and/or payment disagreements. PassTheTrash.com allows people to market their items that are in their possession via the internet to potentially find persons desiring to offer, bid, and/or buy the item in the seller’s offering. A clear line of communication between the parties should be a high priority for both the seller and buyer to ensure that a smooth and satisfying transaction occurs. All items listed are to be in the possession of the person listing the item. Since we are not in communication with either the buyer or the seller, we are not responsible for a buyer/bidder’s lack of payment or completion of the agreed transaction nor are we responsible for the listing registrant’s readiness, ability or willingness to sell the item. The item’s descriptions, terms, communications, and photographs are the sole responsibility of the seller. PassTheTrash.com does not verify the accuracy of any listing. Only persons registered on PassTheTrash.com will be allowed to sell or bid on items. The service we are providing is to allow potential buyers and sellers a place to meet and communicate to fulfill transactions agreed upon by both parties through the use of bidding on items. If a potential buyer wishes to perform a transaction for an item listed on PassTheTrash.com, it is the buyer/bidder’s responsibility to perform and verify any and all information with the listing registrant before making an offer to buy or place a bid on an item.
3. User Verification
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We highly recommend buyers and sellers to contact each other for verification and acknowledgment prior to commencing in a transaction. Feedback may be reviewed as well. Even though an individual has registered, some information may not be accurate concerning a user’s identity. PassTheTrash.com will require at least one photo with a dated and user ID with the item(s) for sale on each post to assist in authenticating the item is in the seller’s possession as a courtesy to help facilitate a sale between a buyer and a seller, BUT it is clearly and expressly understood that PassTheTrash.com makes no representations whatsoever regarding the seller, the buyer, the item(s) that are listed, and/or any other aspects of the purchase/sale transaction that may occur between buyer and/or seller. It is solely the sellers and buyers responsibility respectively to verify all aspects of the transaction to their satisfaction.
4. Disputes and Release
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PassTheTrash.com will not get involved in any disputes between the buyer and seller since we are not a participant in any transactions that may occur between the buyer(s), seller(s), and/or other participants (hereinafter “parties”). The parties involved must work them out for themselves if an issue arises as a result of their agreement between the parties to include without limitation: agreement reached but not fulfilled, and/or for any other reasons. Therefore, disputes which may result and concern all and any types of claims or damages, by using this site, you hereby release PassTheTrash.com. PassTheTrash.com is NOT a party to the transaction.
However, if any of the parties involved feel that there is an abusive, deceptive, deceitful, illegal, and/or dishonest behavior or actions being perpetrated by any of the other parties, they may notify PassTheTrash.com by contacting them by email at: abuse@PassTheTrash.com
Please provide Listing Number, Seller ID, Buyer ID, the substance of the problem and any other information that may be helpful to identify a potential issue. PassTheTrash.com at their sole and absolute discretion may then investigate the report and may take action if they so desire.
If PassTheTrash.com determines in their sole and absolute discretion that there is behavior that is not desired or appropriate, PassTheTrash.com reserves the right to ban, change, and/or modify any user, listing and/or access to be able to use the site at any time and without notification.
5. Selling on PassTheTrash.com
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All persons submitting a listing shall have possession and ownership of any and all items that they post on the site. It is expressly stated and agreed that the seller is not participating in any illegal activity in regard to the sale, transfer, and/or delivery of any item on this site.
In order to submit a listing, seller agrees to furnish 1 photograph in jpeg format that contains ALL 3 of the following: the item being listed, the handwritten seller’s ID, and the handwritten date that the photo was taken. (This provides added assurance to any potential buyer that the seller does indeed have the item in their possession.)
The other photographs in jpeg format can be of whatever other views or information that describes the item being sold.
No illegal, abusive, pornography material and/or undesirable behaviors are allowed anywhere on the site and seller(s) affirm that they will adhere to this rule. Users that are determined by PassTheTrash.com in their sole and absolute discretion to be in violation shall have their accounts banned without any notification, refund, rebate, and/or credit.
PassTheTrash.com reserves the right to refuse, modify, and/or change any and all listings on the site without notification.
All fees paid to PassTheTrash.com are due and payable at the time of the listing, and are non-refundable. No credits, rebates, and/or refunds will be issued. Once payment is made directly and/or indirectly, it immediately becomes the sole and exclusive property of PassTheTrash.com.
By submitting a listing, the seller affirms that they are ready, able, and willing to sell the item being listed, and in accordance with the terms on the listing and/or the PassTheTrash.com site.
Through April 15, 2010, all basic listings will be free. All enhancements and listing upgrades will remain at their most current pricing structure. All pricing structures to include without limitation basic listings, enhancements, upgrades, featured listings, promotions, and/or storefronts may be modified and/or changed at any time at the sole and absolute discretion of PassTheTrash.com.
Seller agrees and understands that PassTheTrash.com is not making any representations of any kind whatsoever regarding any buyer. It is the seller’s responsibility to determine the credit worthiness, legality, ability, desire, and willingness of any buyer. It is also the seller’s responsibility to obtain payment from any buyer, and to ship the item in accordance with the terms of the listing. If no shipping terms are provided, seller agrees to ship the item to the buyer within 5 business days of receipt of payment of funds.
If Buyer fails to make full payment to seller in accordance with the terms of the listing and/or PassTheTrash.com, it is agreed that the seller shall have right to declare the transaction void by providing notification to the buyer at all of their known communication venues to include without limitation: email, phone numbers, and mailing address. If seller has not received payment, and has declared the transaction void, the parties shall have no further obligation to each other. At which point, the seller shall have the right to request one (1) re-listing from PassTheTrash.com free of charge for that exact item for the remainder of the listing period. If the listing period has ended, the free re-listing due to non-payment by the buyer shall be five (5) days in duration. Seller must request in writing and provide documentation that the transaction did not occur due to non-payment, and affirm that they have declared the transaction void to take advantage of the request for re-listing. PassTheTrash.com reserves the right to refuse any and all re-listing requests in their sole and absolute discretion.
Shills, fraudulent listings, and/or fraudulent bids are expressly forbidden. Systems have been put in place to monitor such activity, and users determined by PassTheTrash.com to be in violation shall have their accounts and IP address banned without notification.
Starting price of the listing item(s) shall not be grossly inflated beyond what is determined by PassTheTrash.com in their sole and absolute discretion to be well above market value of the item (such as listing a $50 item for a list price of $10,000).
All photos shall be as follows:
1. No larger than 90 kb.
2. 500 x 500 max size.
3. Jpeg format.
4. Clear and in focus.
5. A maximum of 3 photos are included with each listing. One photo must contain ALL 3 of the following:
a. the item being listed,
b. the handwritten seller’s ID,
c. the handwritten date that the photo was taken.
(This provides added assurance to any potential buyer that the seller does indeed have the item in their possession.)
Additional photos for listing enhancement may be purchased for an additional fee.
Upon expiration of a listing, the seller may auto-renew, manually renew, or withdraw the listing. If seller would like to auto-renew, or manually renew the listing, all listing fees will be recharged as if it were a new listing.
Sellers may withdraw and/or end their listing at any time and will not be entitled to any refund, rebate, and/or credit.
6. Placing Bids
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Buyers expressly understand that all terms and agreements are by and between themselves and the seller and/or their listing representative. The buyer agrees to whatever terms and conditions that may be outlined by the seller in the listing of the item for sale. Buyer agrees to furnish payment to seller in accordance with the terms of the listing. If no payment terms are specified, Buyer agrees to make full payment to seller within 4 days of the purchase/and or trade of the item that was listed.
No illegal, abusive, pornography and/or behaviors are allowed anywhere on the site and buyer(s) affirms that they will adhere to this rule. Users that are determined by PassTheTrash.com in their sole and absolute discretion to be in violation shall have their accounts banned without any notification, refund, rebate, and/or credit.
It is expressly stated and agreed that the buyer is not participating in any illegal activity in regard to the sale, transfer, and/or purchase of any item on this site.
By submitting a bid, the buyer affirms that they are ready, able, and willing to make the purchase of the item being bid on and in accordance with the terms of the sale of the seller and/or the PassTheTrash.com site.
Buyer agrees and understands that PassTheTrash.com is not making any representations of any kind whatsoever regarding any seller. It is the buyer’s responsibility to determine the credit worthiness, legality, ability, desire, and willingness to perform of any seller for their responsibilities in any transaction. It is also the buyer’s responsibility to make prompt payment to any seller in accordance with the terms of the listing. If no payment terms are specified, Buyer agrees to make full payment to seller within 4 days of the purchase/and or trade of the item that was listed.
If Buyer fails to make full payment to seller in accordance with the terms of the listing and/or PassTheTrash.com, it is agreed that the seller shall have right to declare the transaction void by providing notification to the buyer at all of their known communication venues to include without limitation: email, phone numbers, and mailing address. If seller has not received payment in accordance with the terms of the listing and/or PassTheTrash.com, and has declared the transaction void, the parties shall have no further obligation to each other.
Shills, fraudulent listings, and/or fraudulent bids are expressly forbidden. Systems have been put in place to monitor such activity, and users determined by PassTheTrash.com to be in violation shall have their accounts and IP address banned without notification.
Inappropriate bids (such as bidding $10,000 on a $50 item) far exceeding what is believed to be market value by PassTheTrash.com in their sole and absolute discretion, shall have their accounts banned and IP address blocked.
7. Fees and Charges
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Through April 15, 2010, basic listing fees are $0.00 USD; afterwards a minimum fee of $1.00 USD will be charged for each basic listing. Although the introductory period includes free basic listings, other charges can occur for listing enhancement options including, but not limited to bolding, additional photographs, featured listings, etc. as selected by the seller. Enhancement fees are clearly posted at the time of creation of the listing.
8. Personal Information
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Personal information is anything submitted on PassTheTrash.com that can identify you, the buyer/seller. Posting of personal information is your responsibility and should be done so with discretion. This includes, but not limited to the following:
· Site Registration.
· Bidding on an item.
· Listing an item.
· Leaving buyer/seller feedback.
· Providing Credit Card information for use on PassTheTrash.com.
· Posting of classified ads.
· Sending/Receiving of emails through PassTheTrash.com.
PassTheTrash.com takes its membership seriously and self misrepresentation will result in necessary action being taken as outlined throughout this User Agreement.
9. Your Password
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Your password is your responsibility and PassTheTrash.com is not liable for stolen or mishandled passwords. You may change your password at anytime. If your account has been hijacked and you are unable to access your account contact us at abuse@PassTheTrash.com and we will investigate the issue.
10. Stability
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Although PassTheTrash.com makes every effort to run a stable environment with little latency, some circumstances out of PassTheTrash.com’s control may prohibit access; such as backbone provider outage or general network latency. At no time will PassTheTrash.com be held liable for anything due to latency.
11. Feedback
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Feedback between users is highly encouraged as it helps define a sense of trust and reputation as a vital part of the PassTheTrash.com Community. Feedback can be left by registered users to reflect and tell others about the overall experience for an individual transaction. Feedback should be left by both the buyer and seller AFTER the Seller receives funds and the Buyer receives the item from the Seller. Feedback should be constructive and not contain threats, vulgar/profane words, personal information, or negative if feedback type is positive. If a user’s feedback reaches -5 status the registration and account may be suspended to avoid further misuse.
12. Privacy
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You may review our current Privacy Policy.
13. Notice
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All notices and communication between Registered users will be made through to the email address registered with PassTheTrash.com. Notices of changes with PassTheTrash.com’s User Agreement/Privacy Policy will be noted on those pages and will be considered notified and effective four weeks after posting.
14. Limitation of Liability - Non Warranty
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It is understood, accessing this site and the information contained on this website, it is expressly understood and agreed that no suitability, representations, and/or warranties for any purposes are made regarding all information contained in this web site. The web site’s employee(s), owner(s), host(s), representative(s), manager(s), contributor(s), client(s), operator(s), user(s), author(s), beneficiary(s), agent(s) and/or assignee(s) (hereinafter “owners”) individually and severally will not be held liable for any incidental, direct, consequential, indirect, special, punitive or other damages whatsoever (including without limitation, damages for loss of business interruption, business profits, or loss of business information) in that occurs from the use of this web site, even if owners have been advised of the possibility of such damages. We reserve the right to change and/or update access and information on this website without any prior notice and at the absolute and sole discretion of the owners.
We are not responsible or warranting any product condition, authenticity, material content, certification, metallic composition, markings or any other quality regarding any of the products that are being offered for sale. All users of this site agree that any disagreements or loss of any kind to include without limitation loss of monies, emotional duress, and/or time (hereinafter “losses”) shall indemnify the owners and not hold the owners of the site responsible for any losses.
15. Legal Responsibility
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It is user’s responsibility to comply with all applicable laws, regulations, ordinances, and statutes, regarding your use of our services and your bidding on, listing, purchase and sale of items using PassTheTrash.com.
16. No Partnership / Agency
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Registered Users and PassTheTrash.com act as contractors independently of each other. At no time is any partnership, agency, joint venture, employee/employer or franchiser/franchisee relationship intended or created by this User Agreement.
17. Violation of User Agreement
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PassTheTrash.com may terminate your account, registration temporarily or permanently should you violate any portion of this User Agreement and for any reason PassTheTrash.com deems necessary without warning and at PassTheTrash.com’s sole discretion. This includes the termination or suspension of any auctions you may be running at the time, without refund of any fees or compensation or liability for loss of business or revenues which you may claim, as a result of such termination.
18. General
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Consent to Jurisdiction and Forum Selection.
Users of this website additionally agree that if any legal recourse/litigation, if it occurs requiring State and Federal courts in any form, the proceeding will occur in the County of Jefferson, Commonwealth of Kentucky. There will be no deviation of this clause related to the terms and use of these conditions of sale and/or use of this website. Any final judgment against a party in any action or proceeding will be conclusive as to the subject of the final judgment and may be enforced in other jurisdictions in any manner provided by law.
If a visitor does not agree with these terms, we request immediately discontinue the usage of this site.
19. Disclosure
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All inquiries concerning the offered services provided by PassTheTrash.com can be submitted to:
Legal Dept.
P.O. Box 23333
Louisville, KY 40223-0333