By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Reemarkit may modify this agreement at any time, and such modifications shall be effective thirty (30) days after posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. If you are an account owner, you will also be notified of the changes to these terms and conditions through your account.
NOTICE OF LIMITATIONS OF RIGHTS: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Use of the Site.
This Site is an online exchange for products. When you open an Account, you will be given access to list items you are willing to exchange for specific amounts of credits ("Reemarks") to be used to purchase other Account owners products on the Site. Your account and Reemarks are not transferable outside of legitimate transactions on Reemarkit. Upon signup, you may receive a certain number of free Reemarks which may be used in whole or in part for purchasing items on the Site (limit one set of free Reemarks per user). For each item that you sell, you will earn the number of Reemarks you defined as the price for that item. With your Reemarks, you can buy items in the marketplace from other account owners.
To simplify the exchange process, Reemarkit has "Power Shipping" and "Super Shipping" options available that include a fee that Reemarkit will charge to protect you against fraud, scam and malicious behaviors. The Reemarks and the shipping charges paid by the buyer are kept by Reemarkit until the buyer will report that he/she has received the item he/she has purchased. Only then are the Reemarks credited into the seller's wallet and the shipping charges are paid to the relevant party. In the alternative, the buyer or seller may arrange for a local pickup or shipment at their own expense. Reemarkit also holds the Reemarks in escrow or in a "pending" status until the items are delivered and received by the purchasing account owner. Once the product is received, the Reemarks are released and credited to the selling account owner account.
Reemarkit does not review or verify the listings on the Site. As such, you agree that, except for information, products or services clearly identified as being supplied by Reemarkit, Reemarkit does not operate, control or endorse any information, products or services on the Site or the Internet in any way. Except for Reemarkit identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, who are not affiliated with Reemarkit. You also agree that Reemarkit cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Disclaimer of Warranties.
You assume complete and total responsibility and risk for your use of the Site and the internet. Reemarkit provides the Site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Reemarkit shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Reemarkit does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Reemarkit has no control over and accepts no responsibility whatsoever for such materials.
Account Holder Eligibility.
This Site may be used only by persons 18 years of age or older. An account may be registered only by a person over the age of 18 years. There may only be one Account per person, maximum of two Accounts per address or household. No individual is permitted to have more than one single account at any time. No more than one account is permitted per computer. Registration must be in a person's own name and the registration must be completed by the individual seeking the Account. Registration of Accounts in a name other than the registrant's, fictitious or real is expressly prohibited and will result in Account closure. In addition, such false registration use constitutes fraud and may give rise to criminal prosecution and substantial damages. Reemarkit prosecutes fraud to the fullest extent of the law. Your account and Reemarks are not transferable outside of legitimate transactions on Reemarkit.
An account may be deemed "dormant" when no items have been listed or bids placed within any one (1) year period. Dormant accounts may be closed and any accumulated credits forfeited without compensation to the account holder.
Accounts and Licensing.
When you give away each item, you will receive a certain amount of "Reemarks" for such give away. Each Remark is a virtual token that represents a contractual permission from Reemarkit to access features and services of the Site. Reemarks are purchased or distributed at Reemarkit's discretion and are not redeemable for monetary value from Reemarkit. Reemarkit may charge fees to acquire or use Reemarks from time to time, and these fees may change at any time.
You acknowledge that Reemarks are not real currency or any type of financial instrument and are not redeemable for any sum of money from Reemarkit at any time. You agree that Reemarkit has the right to manage, regulate, control, and/or modify the license rights underlying such Reemarks as it sees fit and that Reemarkit will have no liability to you based on its exercise of this right. Reemarkit makes no guarantee as to the nature, quality or value of the features of the Site that will be accessible through the use of Reemarks, or the availability or supply of Reemarks.
When you select an item for transfer or purchase, an amount of Reemarks corresponding to the price of the item you have selected will be subtracted from your Reemarks account. When another user transfers or purchases an item from you, you will receive the corresponding Reemarks price of the item you have sold added to your credit account. Reemarks may also be purchased for a monetary fee on the Site.
Ownership of Exchanged Goods.
By using this Site, you agree to participate in the exchange of personal property. You must own the property you are listing or posting. Thus, by posting or listing the property you represent and warrant that you are the sole owner of the items and have the unrestricted right to transfer ownership thereof. The posting or listing of items without the intention of giving them away when requested is expressly prohibited and may constitute wire or mail fraud in violation of U.S. and state law. You further agree that all items posted and shipped are legal and do not infringe any intellectual property rights, including but not limited to copyrights, trademarks, and patents of third parties.
Sexually explicit, pornographic, or obscene material may not be posted, listed or shipped. You further agree that you will not post, list or ship any items in violation of the laws or regulations of any state, city, county, parish, township, municipality, federal agency, or other governmental entity.
Ownership and title transfer.
By giving away or shipping a requested item, you are transferring all ownership rights that you may have in such item and forever waive any claims thereto. Items given away through this service become the sole property of the recipient with no obligation to re-list the item.
Shipping and Pickups.
You agree to respond to all valid requests to ship or pickup items in a timely manner. Failure to promptly arrange for shipping or pickup of items may result in a forfeiture of Reemarks. You agree to arrange shipping details, including but limited to, date of shipping and associated expenses with the buyer outside of the Site. Reemarkit is not responsible for any lost shipping expenses and cannot refund or help recover shipping expenses for any reason, including lost or stolen items, damaged items or non-shipment.
Reemarkit offers a Super Shipping program wherein the shipping charges are paid by buyer to reemarkit, seller then pays (off line) the courier he or she has chosen; when buyer confirms receipt of the item, the seller will request reemarkit to refund the shipping charges and upon confirmation of completion of the transaction, reemarkit will refund such charges to the seller.
Lost or Damaged Items.
Reemarkit is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Items lost or damaged in transit are the sole responsibility of the shipping member. In the event that there is a dispute between Account holders regarding the shipment or condition of an item, Reemarkit will attempt to mediate the dispute and may, in its sole discretion, grant Reemarks or other compensation to account holders who have shipping or condition problems. Account holders making inappropriate reports of damaged or lost items may be subject to Reemarks forfeiture and/or account suspension, in the sole discretion of Reemarkit.
Release of Liability to Reemarkit for Products or Services Purchased.
You understand that Reemarkit does not review descriptions of products or services listed by other Account owners. You agree to assume full responsibility for any items posted to your Account. You agree to indemnify and hold Reemarkit harmless for any violations of law or regulation that arise in connection with the posting to your account of items resulting in civil or criminal liability. If you are purchasing an item, you are purchasing it from a third party and release Reemarkit from any and all liability or claims regarding such purchase, the product or service.
Prohibited User Conduct.
While using the Reemarkit Site and services you will not:
- post content or items in inappropriate categories or areas;
- no runs or illegal products including but not limited to drug or drug paraphernalia;
- violate any laws, third party rights or Reemarkit policies;
- use the Site and/or services if you are not able to form legally binding contracts or are temporarily or indefinitely suspended by Reemarkit;
- fail to accept items you have purchased;
- fail to deliver items purchased from you;
- manipulate the Remark price of any item or interfere with other users' listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Reemarkit or its users;
- copy, modify, or distribute rights or content from the Site or Reemarkit's copyrights and trademarks;
- harvest or otherwise collect information about users, including email addresses, without their consent.
When providing Reemarkit with content or posting content on the Site you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a notice of claimed infringement to our designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. Please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent may be contacted as follows:
3422 Old Capitol Trail PMB# 2000
Wilmington, DE 19808
Reemarkit has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Reemarkit and/or others.
Disclaimer of Warranties; Limitation of Liability.
You acknowledge that we cannot guarantee the continuous operation of or access to our Sites or services. You further acknowledge that operation of and access to our Site and services may be interfered with as a result of technical issues or numerous factors outside of our control. The functionality of our Site may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider's network. You agree that you are making use of our Site and services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event will Reemarkit be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Reemarkit or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Reemarkit makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Reemarkit web site, please understand that it is independent from Reemarkit, and that Reemarkit has no control over the content on that web site.
In addition, a link to a Reemarkit web site does not mean that Reemarkit endorses or accepts any responsibility for the content, or the use, of such web site.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to one hundred dollars ($100.00).
Release of Reemarkit.
If you have a dispute with one or more users or account owners, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Site and service and/or your violation of any law or the rights of a third party.
You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to our Site and services or any products or services acquired or given away through our Site or services will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law.You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the User Agreement and any claim or disputes that arise.
B. Agreement to Arbitrate.You agree that any and all disputes or claims that have arisen or may arise relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to our Site and services or any products or services exchanged through our Site and services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
C. Prohibition of Class and Representative Actions and Non-Individualized Relief.YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ACCOUNT OWNERS OR USERS.
D. Arbitration Procedures.The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, including but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms and conditions of this User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitration shall be held in a location mutually agreed upon. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Delaware, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different account owners or users, but is bound by rulings in prior arbitrations involving the same account owner or user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
E. Costs of Arbitration.Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate.
F. Opt-Out Procedure.YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO firstname.lastname@example.org.
G. Future Changes to the Agreement to Arbitrate.Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between us. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on our Site at least thirty (30) days before the effective date of the changes and by providing notice through your Account. If you do not agree to these amended terms, you may close your account within the thirty (30) day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until thirty (30) days after such termination notice is posted.
You agree to grant to Reemarkit a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, read, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public or private areas of the Site (such as listings, comments, messages, feedback, bulletin boards, forums and newsgroups) or by e-mail to Reemarkit by all means and in any media now known or hereafter developed.
You also grant to Reemarkit the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Reemarkit for any alleged or actual infringement or misappropriation of any proprietary right in your communications to reemit.
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Unless stated otherwise in this Agreement, if any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this Agreement, by providing notice of such assignment. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
We may amend this Agreement at any time by posting the amended terms on our Site. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted. Additionally, we will notify you through your Account. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, "writing" does not include an email message and a signature does not include an electronic signature.
Any rights not expressly granted herein are reserved.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.