All users of RollSale must agree to the terms of the RollSale Arbitration Policy.
Your User Agreement
The following describes the terms on which RollSale offers you access to our services.
Introduction
Welcome to RollSale. By using RollSale (including RollSale.com and its related sites, services and tools), you agree to the following terms with RollSale llc and the general principles for the websites of our subsidiaries.
This Agreement is effective on January 1, 2012, for current users, and upon acceptance for new users.
Scope
Before you may become a member of RollSale, you must read and accept all of the terms in this User Agreement and the RollSale Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use RollSale sites or services, or when you use the tools we make available to interact with RollSale sites and services. If you use another RollSale site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some RollSale sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using RollSale
All users of RollSale must agree to the terms of the RollSale Arbitration Policy.
While using RollSale sites, services and tools, you will not:
Abusing RollSale
RollSale works to keep our sites and services working properly. Please report problems, offensive content, and policy violations to us.
RollSale works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our support team and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue RollSale sites, services or tools.
Buyer Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by RollSale are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the RollSale User Agreement.
Changing a reimbursement method will not affect RollSale’s use of a payment method on file for other purposes (such as payment of your RollSale fees). If sellers do not provide RollSale with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from acting on our sites until payment is made.
Fees and Services
Buying on RollSale is always free. We do charge subscription costs for access to the network and well as other services. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the RollSale site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due).
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including RollSale users). You may use catalog content solely in connection with your RollSale listings during the time your listings are on RollSale’s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all RollSale policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold RollSale responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer or marketplace. Instead, our sites are venues to allow licensed dealers to offer, sell and buy automobiles, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of usersâ 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. For certain categories, particularly Motor vehicles, a bid or offer initiates a non-binding transaction representing a buyerâs serious expression of interest in buying the sellerâs 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 the buyer. We cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools 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, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
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) actual monetary losses incurred by you as a direct result of the subject event, (b) the total fees (under RollSale Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” The release remains intact even if you utilize arbitration assistance offered as prescribed in the RollSale Arbitration Policy and in the Arbitration Center.
Access and Interference
Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to RollSale by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
Listing Conditions
By listing an item on RollSaleâs sites, you agree to pay RollSaleâs fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on RollSaleâs sites, your listing will be posted on RollSaleâs sites and can be viewed in Current Listings. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords and price. You can read more about where your listings appear in search and browse results on the Support page of the RollSale website.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the RollSale Privacy Policy. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the RollSale Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on RollSale’s national registered agent (in the case of RollSale) or to the email address you provide to RollSale during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and RollSale, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and RollSale agree that we will resolve any claim or controversy at which arises from this Agreement or our services (a “Claim”) in compliance with one or more of the sections below or as both parties otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Legal Disputes – This Agreement shall be governed in all respects by the laws of the State of Missouri as they apply to agreements entered into and to be performed entirely, without regard to conflict of law provisions. You agree that any claim or dispute you may have against RollSale must be resolved exclusively by a state or federal court located in Saint Louis County, Missouri except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Saint Louis County, Missouri for the purpose of litigating all such claims or disputes.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The resolution provider and the parties must comply with the following rules: (a) the arbitration may be conducted by telephone, online and/or be solely based on written submissions, the specific manner may be chosen by the party initiating the arbitration; (b) the arbitration may not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims – All claims you bring against RollSale must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, RollSale may recover attorneys’ fees and costs up to $1000, provided that RollSale has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms
Each of these policies may be changed from time to time. Changes take effect when we post them on the RollSale site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
General
RollSale Inc. is located at 611 Olive Street, Suite 1211, Saint Louis, Missouri 63101. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. 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 doesn’t 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.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the RollSale Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision,âwriting” doesn’t include an email message and a signature doesn’t include an electronic signature.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.
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