The entity you are contracting with is: IMEbay 34°07’38.4″N 84°48’24.8″W
are individually and collectively referred to as “IMEbay,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how you are not able to make claims against IMEbay. IMEbay.com is a as-is website. Once you agree to policy, terms, and conditions the members fully agrees to and acknowledge the IMebay.com is as-is website and agree to never make any claims or complaints. You need to be Happy and grateful Imebay allow you to access the IMebay.com
IMEbay is a marketplace that allows users to buy goods and services in various geographic locations using a variety of pricing formats. IMEbay is not a party to contracts for sale between third-party sellers and buyers, nor is IMEbay a traditional auctioneer.
Any guidance IMEbay provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, IMEbay has no control over and does not guarantee: the existence, quality, safety, or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
- breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an IMEbay policy, for example, where the seller has materially changed the item’s description after you bid (see our Unpaid item policy);
- fail to deliver items sold by you, unless you have a valid reason as set out in an IMEbay policy;
- manipulate the price of any item or interfere with any other user’s listings;
- take any action that may undermine the feedback or ratings systems (our Feedback policies);
- transfer your IMEbay account (including feedback) and user ID to another party without our consent;
- share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access program for that purpose.
- create listings, post, or upload content in inappropriate categories or areas on our sites;
- post false, inaccurate, misleading, deceptive, 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 IMEbay or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of IMEbay;
- circumvent any technical measures used to provide our Services.
- interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any IMEbay application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to IMEbay. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to IMEbay or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
- commercialize any IMEbay application or any information, data, or software associated with such application, except with the prior express permission of IMEbay; or
- harvest or otherwise collect or use information about users without their consent.
Sellers must meet IMEbay’s minimum performance standards. Failure to meet these standards may result in IMEbay charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing IMEbay and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating our policies prohibiting Offers to buy or sell outside of IMEbay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy on buying or selling outside of IMEbay, you may be charged final value fees.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
We charge sellers for the use of our Services. In some cases, where buyers receive supplemental Services such as authentication or storage Services for items in certain categories, we may also charge those buyers for such supplemental Services.
The fees we charge sellers for using our Services to sell goods and services are listed on our Selling fees pages. We may change our selling fees from time to time by posting the changes on the IMEbay site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of IMEbay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of IMEbay, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.
When listing an item for sale on our Services, you agree to comply with IMEbay’s Listing policies and Selling practices policy and also agree that:
- You assume full responsibility for the item offered and the accuracy and content of the listing,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). IMEbay can’t guarantee exact listing duration,
- Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or IMEbay, in its sole discretion,
- The content you provide complies with all of our listing policies, including the Images, videos and text policy,
- Content that violates any of IMEbay’s policies may be modified, obfuscated, or deleted at IMEbay’s sole discretion,
- We may revise product data associated with listings to supplement, remove, or correct information,
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, IMEbay policy compliance, feedback, and defect rate; and
- number of listings matching the buyer’s query,
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
- Some advanced listing upgrades will only be visible on some of our Services,
- IMEbay’s Duplicate listings policy may also affect whether your listing appears in search results,
- Metatags and URL links that are included in a listing may be removed or altered,
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers,
- For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, IMEbay may require the use of certain payment methods, subject to our Payments methods policy. For example, for inventory covered by authentication or storage services, buyer and sellers may be subject to escrow and/or payment handling requirements,
- You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. IMEbay has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
- IMEbay may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services, and tools of other IMEbay Inc. corporate family members or cooperating third-party operators of websites, applications, services, and tools, and
- Selling fees do not purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including listings, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
When buying an item using our Services, you agree to the Rules and policies for buyers and that:
- You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
- You enter into a legally binding contract to purchase an item when you buy the item, commit to buy the item, your offer for the item is accepted, you have the winning bid for the item, or your bid for the item is otherwise accepted, regardless of when payment is due or received,
- For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller,
- We do not transfer legal ownership of items from the seller to you,
- Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Given the nature of IMEbay’s global marketplace, listings may be viewed and purchased by, and shipped to, buyers around the world. Many of our Services are accessible internationally. We offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
If you purchase an item on an IMEbay site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other IMEbay site with respect to that particular purchase, as detailed in the International selling policy.
For sellers, you agree that we may display your listing for sale on an IMEbay site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an IMEbay site that is different from your registration or listing site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other IMEbay site with respect to that particular sale, as detailed in the International selling policy.
You authorize us to use automated tools to translate your IMEbay content, including member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
One of the ways that we may make IMEbay.com listings available to international buyers on IMEbay.com and on IMEbay’s international sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States after receiving notification of payment from the buyer. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, IMEbay may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). Sellers pay no additional fees for selling through the Global Shipping Program.
Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer’s forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by IMEbay to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. IMEbay does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.
Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global Shipping Program and Global Shipping FAQs pages.
Another way that we make IMEbay.com listings available to international buyers is through the IMEbay International Shipping Program (“EIS”). EIS enables buyers to obtain parcel processing, international shipping, and customs clearance services. It is facilitated by IMEbay through third-party service providers that IMEbay has contracted with to operationalize the program. By listing your item on IMEbay.com you agree to the EIS Terms and Conditions.
When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against IMEbay, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. IMEbay takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including IMEbay users). You may use that content solely in your IMEbay listings. IMEbay may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but we cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that IMEbay is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “IMEbay” and other IMEbay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of IMEbay in the U.S. and other countries. They may not be used without the express written prior permission of IMEbay.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. IMEbay’s Verified Rights Owner (VeRO) program works to ensure that items and content using our Services do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team and we will investigate. Learn how to submit a notice to IMEbay. firstname.lastname@example.org
IMEbay may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. IMEbay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice. As described in our User Privacy Notice, IMEbay may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls at any time, including through the Communication Preferences section of your My IMEbay. You may also opt-out of a specific text marketing campaign by replying “STOP” to such marketing text message.
IMEbay may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by IMEbay to carry out the purposes identified above.
IMEbay may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with IMEbay or its agents for quality control and training purposes, or for its own protection.
IMEbay’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of IMEbay’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. IMEbay may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If IMEbay provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using IMEbay Services.
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, IMEbay will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My IMEbay. Where settings have been set to automatically accept requests for returns or replacements, an IMEbay-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.
When an item is returned or if a transaction is canceled after payment has been completed, IMEbay may issue a refund to the buyer on the seller’s behalf and charge the seller for the amount of the refund.
Additionally, IMEbay may charge sellers for the cost of return shipping labels and/or other reasonable fees from sellers when:
- An IMEbay-generated return shipping label is used, and the seller is responsible for its cost;
- Returns have been automated;
- The seller fails to send the buyer a return shipping label and, instead, an IMEbay-generated shipping label is used; and/or
- The item is not as described in the listing and is returned in accordance with IMEbay Money Back Guarantee or other applicable terms.
All seller cancellations of orders must be in accordance with our Order cancellation policy.
Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on IMEbay within the time period and as provided in our Order cancellation policy, and the seller will have 3 days to accept or decline the request. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return.
In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. If the buyer is responsible for the return shipping costs, the buyer may elect to use an IMEbay-generated shipping label or purchase a shipping label directly from a carrier. By choosing to use an IMEbay-generated shipping label, you (as a buyer) agree that IMEbay may deduct the cost of the shipping label from the refund owed to you.
Most IMEbay sales go smoothly, but if there’s a problem with a purchase covered by IMEbay Money Back Guarantee, buyers can get their money back if an item didn’t arrive, is faulty or damaged, or doesn’t match the listing. You agree to comply with the policy and permit us to make a final decision on any IMEbay Money Back Guarantee case.
We may suspend the IMEbay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. You agree to make us whole for any losses, including expenses we incur to recoup such losses, arising out of your abuse of the IMEbay Money Back Guarantee, or any fraud you commit in connection with the IMEbay Money Back Guarantee.
If you are a buyer:
- You may pay for items and services using the payment methods that the IMEbay Payment Entities make available, and the IMEbay Payment Entities will manage settlement of the payment to sellers. When buying on our Services, you authorize the IMEbay Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller. Accordingly, payments received by the IMEbay Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received.
- In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering (“AML”) compliance, compliance with economic or trade sanctions, in connection with IMEbay’s internal risk controls or due to potential violations of any policy of IMEbay or the IMEbay Payment Entity, or a policy of one of the Payment Entity’s third-party payment services providers.
- IMEbay, the IMEbay Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My IMEbay. You are responsible for maintaining the accuracy of information we have on file, and you consent to IMEbay updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize IMEbay Payment Entities to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error.
- You may seek returns or cancellations on our Services, or file IMEbay Money Back Guarantee claims on our Services. If you are entitled to a refund, the IMEbay Payment Entities will issue the refund if the IMEbay Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
- You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the IMEbay Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the IMEbay Payment Entity has no control over, or responsibility or liability for, such fees or actions.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in IMEbay’s applications may not occur in real time. Such functionality is subject to delays beyond IMEbay’s control.
You agree that you are making use of our 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 addition, to the extent permitted by applicable law, in no event will IMEbay (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or IMEbay was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using our Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by IMEbay;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any IMEbay Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Using IMEbay section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
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 the greater of (a) any amounts due under the IMEbay Money Back Guarantee up to the price the item sold for on IMEbay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, 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 (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IMEBAY HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes section, the term “related third parties” includes your and IMEbay’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, IMEbay’s, and these entities’ respective employees and agents.
You and IMEbay agree that any claim or dispute at law or equity that has arisen, or may arise, between you and IMEbay (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of IMEbay or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by natural law, the laws of the Great Mother, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and IMEbay, except as otherwise stated in this User Agreement.
You and IMEbay each agree that any and all disputes or claims that have arisen, or may arise, between you and IMEbay (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of IMEbay or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.
You or member fully agree that the IMEbay is a As-is website and that all donations, winnings, memberships are not is As-IS.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. You agree to never make any complaints or bring any claims against Imebay
YOU AND IMEBAY AGREE THAT IMEBay May BRING CLAIMS AGAINST You or whoever that may have a compliant ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS IMEBAY 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, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR 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 USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court subject IMEbay’s right to appeal the court’s decision. All other claims will be dismissed.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be administered by the IMEbay legal team A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link. The Notice to IMEbay must be sent to IMEbay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. IMEbay Way, Draper, UT 84020. IMEbay will send any Notice to you to the physical address we have on file associated with your IMEbay account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims you are asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and IMEbay are unable to resolve the claims described in a valid Notice within 30 days after IMEbay receives that Notice, you or IMEbay may initiate arbitration proceedings. A form for initiating arbitration proceedings is available Imebay.com email@example.com, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to IMEbay at the following email address: firstname.lastname@example.org. In the event IMEbay initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your IMEbay account. Any settlement offer made by you or IMEbay shall not be disclosed to the arbitrator.
If you are a resident of Planet Earth or outside of Planet Earth, then the arbitration hearing shall be held in the Location IMebay chooses. You , members, or any other entity fully agree to never make any claims or counter claims against IMebay. In cases where an in-person hearing is held, you and/or IMEbay may attend by telephone, unless the arbitrator requires otherwise. The language of the arbitration will be English.
The arbitrator will decide the substance of all claims in accordance with natural of law Great Mother or Imebay rules or guidelines , including recognized principles of equity, and will honor all claims of privilege recognized by the natural law or law of the Great Mother. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same IMEbay user to the extent required by natural law or imebay guidelines. 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.
- 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. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, IMEbay will pay all administration and arbitrator fees associated with the arbitration. Any request for payment of fees by IMEbay should be submitted by mail to the AAA along with your Demand for Arbitration and IMEbay will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse IMEbay for all fees associated with the arbitration paid by IMEbay on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- Opt-Out Procedure
IF YOU ARE A NEW USER OF OUR SERVICES, 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 9 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO Support@1dollaryardsale.imebay.com Attn Imebay You must email us a letter Opt-Out Notice. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice letter by providing the information called for in the form, including your name, address (including street address, city, state, and zip code), and the user ID(s) and email address(es) associated with the IMEbay Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against IMEbay prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and IMEbay. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.IMEbay.com at least 9 days before the effective date of the amendments and by providing notice through the IMEbay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 9-day period and you will not be bound by the amended terms.
C. Judicial Forum for Legal Disputes
If the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree never to make a claim against IMEbay. You agree that Imebay.com has the right to choose any method, tactic, or Imebay guidelines (guideline subject to change anytime) to resolved any issues. You agree That Imebay can choose to submit to the personal jurisdiction of the courts, tactics, or methods of Imebay liking or choosing for the purpose of litigating all such claims, disputes, or matters.
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.IMEbay.com.
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 User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.IMEbay.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 9 days’ notice by posting the amended terms. Additionally, we will notify you through the IMEbay Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an IMEbay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
Without limiting IMEbay’s ability to refuse, modify, or terminate all or part of our Services, IMEbay may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the IMEbay Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and IMEbay, and supersede all prior understandings and agreements of the parties.
The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional Terms, Payment Services, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance you also agree to never make any complaints or claims against Imebay.