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;
- Any illegal items;
- Alcohol;
- Pornography;
- Medicine;
- Syringes or other items that have come in contact
with bodily fluids;
- Medical equipment that requires calibration by a
licensed individual;
- Items that were obtain by theft;
- Any item that would violate any local, state or
federal law; or
- 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:
- the use of DifferentNeedz’s service;
- your postings;
- the sale of your item(s); and
- 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.
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 _________