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Terms of Use

Terms and Conditions of Use

 

Last Updated: July 9, 2014

The website HaggleO.com (the "Site") is brought to you by HaggleO, Inc. ("Company," "HaggleO," "we," "us," or "our"). These terms of use ("Terms and Conditions" or "Agreement") set forth the "terms and conditions" which govern your use of the Site and of the services and features made available on or through the Site (collectively, the "Services"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND COMPANY AND GOVERN YOUR ACCESS AND USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THIS SITE AND THE SERVICES IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OUR PRIVACY POLICY; (3) OUR SECURITY POLICY AND (4) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE ("OTHER TERMS"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, THE PRIVACY POLICY, THE SECURITY POLICY OR THE OTHER TERMS, PLEASE DO NOT USE THE SITE OR THE SERVICES AND EXIT NOW. Section headings in these Terms and Conditions are for convenience only and do not have any force or effect. Eligibility Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions may register for an account and use the Site and Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the website and related services by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms and Conditions. By registering for an account or using the website and any related services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a registered user and use the services made available to registered users, and you further agree to abide by all of the terms of these Terms and Conditions. Changes to the Terms and Conditions Company may update these Terms and Conditions from time to time by posting revised versions on the site, without notice to you except that the effective date at the top of these Terms and Conditions will change and your subsequent use of the site is governed by that new Terms and Conditions. Prohibited Items The following items may not be listed on HaggleO.com or any website or service maintained by Company: • Recalled Products (any products recalled by the Consumer Product Safety Commission are prohibited) • Unauthorized (Pirated) Copies of Media (music, movies, TV shows, photos, radio programs, concerts, software, video games, etc.) • Replicas of trademarked items (counterfeit and 'knock-off' items) • Adult and Pornographic Products • Firearms, Ammunition, and Weapons • Stock and Securities • Lottery Tickets • Prescription or Illicit Drugs • Tobacco Products • Unauthorized/Illegal Wildlife Products (including illegal animal byproducts - skins, organs, tissue, bones, feathers, etc. - of endangered species) • Live Animals • Stolen Goods • Professional Services At this time we are also not accepting Cars, Boats or Planes with an asking price greater than $500.00, due to additional IRS requirements for such donations. Terms for Buying Items By clicking the 'ADD TO CART' button, you agree (i) to purchase the indicated item; (ii) that HaggleO may charge your credit card for the purchase price (including shipping and sales tax, if applicable). You understand that the IRS does not regard the purchase price as a tax-deductible contribution to charity because you have received goods in exchange for your payment. HaggleO does not control or guarantee (i) the accuracy of users' content, listings or claims, (ii) the quality, authenticity, safety, or legality of items offered, or (iii) the donor's rights or ability to offer listed items. Purchases are refundable within 7 days for a Store Credit if an item does not match the photos and description.(see 7-Day Buyer Assurance Guarantee section below). 10-Day Buyer Assurance Guarantee All purchases are backed by our 'Assurance Guarantee' that protects buyers from items that are SNAD - Significantly Not As Described. Shipped Items Items shipped using a HaggleO supplied label are guaranteed for 10 days from the date of purchase. Since buyers do not have the opportunity to inspect shipped items before taking delivery, HaggleO will provide a full Store Credit (less shipping costs) if the item does not match the sellers photos and/or description on the Site. HaggleO will email return instructions. To receive a Store Credit, you must ship the item, in its original packaging, within seven (10) business days of the date of purchase. You hereby acknowledge and agree that failure to do so will cause you to forfeit your right to receive a Store Credit. If an item is not received(and/or confirmed of no delivery by USPS) , HaggleO will provide a full Store Credit (including shipping) to the buyer. A Store Credit can be requested if a shipment notification is not received within (20) business days of purchase, or an item is not received within 20 business days (for Priority/Express/First-Class shipping) or 20business days (for Parcel Post/Media/Standard shipping) of purchase. Visitor/User Suggestions You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Company ("Comments") are not confidential and you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. Third Party Website Content and Links The Site may contain links to websites not controlled by Company ('Third Party Websites'), as well as Content belonging to or originating from persons or organizations other than Company ('Third Party Content'). You acknowledge that Company is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website. You further acknowledge that Company (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content. Modifications To These Terms Of Use And Our Site And/or Services You agree and understand that the terms of this Agreement, the Site, and/or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Site and/or Services. You acknowledge that Company reserves the right to discontinue the Services, or any features, functionality or services provided as part of or in connection with the Site and/or the Services, and to remove Content that violates the requirements set forth in this Agreement, without prior notice. While the Site is currently free of charge, you acknowledge that Company reserves the right to charge for aspects or additions to the Site and/or Services in the future. You agree to review this Agreement periodically so that you are aware of the most current rights and obligations which apply to your agreement with us. Your continued use of the Site and/or the Services after any modifications indicates your acceptance of the modified Agreement. The most current version of this Agreement can be accessed at any time by selecting the Terms of Use link on the bottom of any page on the Site. You understand that the Site and Services are provided as a courtesy to our you and that we may suspend or terminate all or a portion of the Site and/or Services at any time in our discretion without notice to you. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits. Privacy Policy Company is committed to handling responsibly the information and data we collect through our websites and services and agrees to use your personal information in accordance with the Privacy Policy and the Terms and Conditions. The Privacy Policy is hereby incorporated by reference into these Terms and Conditions. Paid Postings We may post Content from third parties in some areas of the Site. Any third party posting Content to the Site is solely responsible for said Content and compliance with these Terms and Conditions. Limitation of Liability EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITE OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR THROUGH THE SITE OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITES OR SERVICES, FOR YOUR USE OF THE SITES OR SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON OR THROUGH THE SITE IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE SITES OR SERVICES. Governing Law THE FORMATION, INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT AND ANY DISPUTES ARISING OUT OF IT SHALL BE GOVERNED BY THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS RULES ON CONFLICTS OR CHOICE OF LAW AND, TO THE EXTENT APPLICABLE, THE LAWS OF THE UNITED STATES OF AMERICA. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Entire Agreement These Terms and Conditions, the Privacy Policy, the Security Policy and the Other Terms constitute the entire agreement between Company and you in connection with your use of the Site and/or the Services, and supersedes any prior agreements between Company and you regarding such matters, including prior versions of these Terms and Conditions. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature. The terms of these Terms and Conditions are effective until terminated by Company, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in these Terms and Conditions will survive. Copyright Complaint Policy If you believe that any Content infringes your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

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