TERMS & CONDITIONS

Hello and thank you for your interest in DifferentNeedz.com (hereinafter referred to as “DifferentNeedz”).   By using the services on the DifferentNeedz websites (the “Site”), you are agreeing to the following terms, with DifferentNeedz, Ltd, dba DifferentNeedz.com. 

Before you may become a member of DifferentNeedz, you must read and accept all of the terms and conditions in this Agreement. Please read the Agreement in its entirety.

 

Pricing

DifferentNeedz desires to provide a market where items can be purchased at prices below retail value.  DifferentNeedz suggests that new or unused items be posted at a price that is at most 75% of the retail price of the item.  Gently used items should range between 75% and 50% of the retail price of a new equivalent item.  Items that are well used should be posted at most 50% of the retail price of a new equivalent item.  This price structure is only suggestive.  Remember, you are helping others as well as yourself.  All prices are to be set amounts; this is not an auction Site.

 

Items that cannot be sold

DifferentNeedz will not allow the posting or sale of the following;

  1. Any illegal items;
  2. Alcohol;
  3. Pornography;
  4. Medicine;
  5. Syringes or other items that have come in contact with bodily fluids;
  6. Medical equipment that requires calibration by a licensed individual;
  7. Items that were obtain by theft;
  8. Any item that would violate any local, state or federal law; or
  9. Any other item DifferentNeedz determines at its own discretion to be improper for sale on this site.

 

General Rules

We all know what you should or should not do.  In case you need a reminder, while using this Site,

 

You Will

1.       be over the age of 18;

2.       post content or items in appropriate category(ies) or areas on the Site;

3.       be in good standing with our Site (not suspended);

4.       deliver payment for items purchased by you;

5.       deliver items purchased from you;

6.       be good to one another;

7.       use the Site  in an appropriate manner to promote the good of the community; and

8.       keep all of your account information current and correct.

 

You Will Not

1.       scam other users and/ or DifferentNeedz;

2.       violate any laws, third party rights, or our policies;

3.       post false, inaccurate, misleading, defamatory, or libelous content;

4.       circumvent or manipulate our fee structure, the billing process, or fees owed to DifferentNeedz;

5.       use and/or change another’s DifferentNeedz account information and User ID without our consent;

6.       harm DifferentNeedz, or the interests or property of DifferentNeedz users by  spreading viruses or any other harmful technical programs;

7.       collect, use, distribute and/or display information about users, including email addresses, without their consent;

8.       use, distribute, or publicly display any content (except for your information) from the Site without the prior expressed written permission of DifferentNeedz and the appropriate third party, as applicable;

9.       interfere or attempt to interfere with the proper working of the Site;  

10.    attempt to gain and/or gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated;

11.    include links to email addresses, other web sites, photos, telephone numbers or other descriptions of your posted item or other non-posted items;

12.    include in your posting information about giveaways, ask for donations, raffles or other contests; or

13.    post a listing that does not offer a proper item for sale.

DifferentNeedz wants to keep the Site working properly and safe. Please report problems and  violations to us via our email at contactus@DifferentNeedz.com.

DifferentNeedz may take whatever steps necessary, including but not limited to suspend, or terminate our service, remove content, or take legal action to assure the safety of the Site.   DifferentNeedz also reserve the right to terminate accounts that have been inactive for a period of six months.

 

Fees

Creating a DifferentNeedz seller’s or buyer’s account is free. We do charge fees for posting items. Your account, (bank account, credit card, or on-line account) will be charged a nonrefundable fee of $2.00 for each item you post to sell on the Site.  If you post four (4) items at the same time, a fifth item can be posted for free.  In other words, you can post five items for $8.00.  All five items must be posted and entered onto the Site during the same posting session.  DifferentNeedz reserves the right to change from time to time the fees for posting items for sale on the Site. We may choose to temporarily change the fees for our services for promotional purposes, and such changes are effective when we post the temporary promotion on the Site.

 

In addition, by posting an item on the Site, you are agreeing to and contract to pay DifferentNeedz a sales commission fee in the amount of 15% of the sale price of your item upon the sale of your item.  For example, if your item sells for $50.00, you agree to pay to DifferentNeedz the amount of $7.50 as the sales commission fee.  Sales commission fees will be paid via the credit card, bank account or on-line account you provided to DifferentNeedz when you set up your DifferentNeedz account.  You grant authority to DifferentNeedz to complete the sales commission fee transaction with your credit card, bank account or on-line account.  You can obtain a receipt of this transaction upon request.  The sales commission fee is due to DifferentNeedz upon sale of your item.  Said fee is only not owed if the buyer fails to pay for your item.  The sales commission fee is due to DifferentNeedz if the item was returned to you for any reason other than non-payment. (Do Not Sell Junk!)

 

DifferentNeedz will donate 1% of the 15% sales commission fee to the DifferentNeedz Foundation.

 

You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees and other damages, including attorney fees, owed using other collection mechanisms. All fees are quoted in U.S. Dollars.

 

We Are Not Liable

You agree to not hold and will not hold DifferentNeedz responsible for other users' acts and/or omissions. DifferentNeedz is not involved in the actual transaction between buyers and sellers. We do not guarantee anything, including but not limited to, the quality, safety or legality of items posted, the accuracy of postings, 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.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. 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 paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $125.

 

Release Us

You agree to release and hold harmless DifferentNeedz and our officers, directors, agents, subsidiaries, joint ventures, equity owners and employees from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and seller/buyer, whichever is applicable. If you are a California resident, you waive California Civil Code §1542.

 

Privacy

You give DifferentNeedz permission to store and use any information that you provide to DifferentNeedz as a result of selling or buying items on DifferentNeedz.com.  We do not sell or rent your personal information to third parties without your explicit consent. We use your information to improve and personalize our services, content and advertising, track site use, fix problems on the site, for fee collection purposes, and for cooperation with law enforcement and legal authorities.  You give permission to DifferentNeedz to communicate your information to other third-party entities that are directly or indirectly providing services to DifferentNeedz, such as, software support, bill collecting and marketing agencies.

You can access and modify the information you provide us by signing-in to your account.  In addition, the party whom you transact with will also have some or all of your information in order to complete the transaction.  Third-party banks and delivery carriers may also obtain some or all of your information for the purposes of completing your transaction.

 

Indemnity

You will indemnify and hold us and our officers, directors, agents, subsidiaries, joint ventures, equity owners and employees, 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 Agreement, or your violation of any law or the rights of a third party.

 

Agency

The use of this Site and the terms of this Agreement do not expressly or impliedly create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.

 

 

 

Wrongdoers

Violations of this Agreement may result in one or more of the following actions:

1.       Posting cancellation;

2.       Account suspension;

3.       Forfeit of DifferentNeedz fees on cancelled listings; and/or

4.       Whatever is necessary for DifferentNeedz to protect the Site and its users.

Laws and Taxes

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding:

  1. the use of DifferentNeedz’s service;
  2. your postings;
  3. the sale of your item(s); and
  4. your solicitation of offers to purchase.

You, as a seller, are also responsible for paying all fees associated with using DifferentNeedz’s service and Web site, and all applicable taxes associated with the use of DifferentNeedz’s service and Web site.

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AUTHORIZATION TO DISCLOSE HEALTH INFORMATION

 

 

I authorize DIFFERENTNEEDZ, Ltd.,  dba DIFFERENTNEEDZ.com, 55 Public Square, Suite 1800 , Cleveland, OH 441113 to use or disclose my account information that I provided to DIFFERENTNEEDZ.com, including but not limited to; my name, address, and email address.

 

I understand that the information may indirectly identify me as a person with physical infirmity, and/or behavioral or mental health issues. 

 

This information may also be disclosed to and used by users of DIFFERENTNEEDZ.com and/or third-parties directly or indirectly providing services to DIFFERENTNEEDZ.com for all purposes related to buying or selling items on DIFFERENTNEEDZ.com and for DIFFERENTNEEDZ.com’s internal uses,

including, but not limited to marketing, statistic gathering, fee collection, or legal purposes.

 

I understand I have the right to revoke this authorization at any time.  I understand if I revoke this authorization I must do so in writing and present my written revocation to DIFFERENTNEEDZ.com.  I understand the revocation will not apply to information that has already been released in response to this authorization.  I understand the revocation will not apply to my insurance company when the law provides my insurer with the right to contest under my policy.  Unless otherwise revoked, this authorization will not expire.

 

I understand that authorizing the disclosure of this health information is voluntary.  I can refuse to authorize these disclosures, but my account with DIFFERENTNEEDZ.com will not be active.  I understand I may inspect or copy the information to be used or disclosed, as provided in CFR 164.524.  I understand any disclosure of information carries with it the potential for an unauthorized re-disclosure and the information may not be protected by federal confidentiality rules.  If I have questions about disclosure of my health information, I can contact DIFFERENTNEEDZ.com at contactus@DIFFERENTNEEDZ.com.

 

 

I consent _________

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