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Seller Terms & Conditions

Seller Terms & Conditions

Fyndes Seller Agreement

Before you may register to become a Seller and access the services offered by Fyndes, Inc. ("we" or "Fyndes") on our Site www.Fyndes.com (the "Site"), you must read and accept all of the General Terms and Conditions and other policies below, as amended from time to time (collectively, the "Agreement"). This Agreement is immediately effective for current Sellers and upon acceptance by new Sellers. As used herein, "Seller" shall mean any party who opens a shop on the Site, and "Buyer" shall mean any party who registers with the Site to shop online.

General Terms and Conditions
1. Our Authority. We have the sole authority and discretion to operate and maintain the Site. Accordingly, we reserve the right to remove any item, picture, or posting from our Site at any time for any reason, without notice to any Seller. We are under no obligation to remove or change any item, picture, or posting from our Site at any Seller's request. We are not responsible for addressing any disputes between any Sellers or between Sellers and Buyers. In the event of a concern, claim or dispute, Sellers shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints from a Buyer about a Seller, we will investigate the complaint at our sole discretion and direct the Seller to respond to the Buyer directly. We reserve the right to refuse service to anyone, to reject any Seller membership applications, and to discontinue existing service at any time. We also reserve the right to close down any shop, or stop offering any of our services to any Seller, due to unprofessional conduct or practices, Buyer complaints, and other issues, which we consider, at our sole discretion, to be disruptive to the business and reputation of our Site.

2. Seller Representations and Covenants. By using our services you represent to us that (a) you are not a minor under applicable laws and you have the authority to form legal contracts; (b) you have legal title to and ownership of the products and the content (including all intellectual property rights) that you feature on the Site; and (c) the information you have provided us during the registration process and thereafter, including all information relating to your items for sale, whether or not posted on the Site, is to the best of your knowledge complete, truthful and accurate. You also agree to:

We may, at our sole discretion, with immediate effect and without notice, terminate this Agreement, restrict or terminate your access to the Site and to any Buyer, upon your breach of any of the above representations and covenants.

3. Fees. By agreeing to sell your items on Fyndes you agree to pay the negotiated fee or commission.

4. Release of Claims. Our Site acts as the venue for Sellers to conduct sales and for Buyers to purchase Sellers' items. We are not involved in the actual transaction between Sellers and Buyers. In the event you have a dispute with another Seller or with a Buyer, you hereby release Fyndes (and our directors, officers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind 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."

5. Intellectual Property Rights. This Agreement does not grant you any intellectual property rights in our trade name, trademarks, logos, the Site, and any content developed by us, which shall remain our intellectual property.

6. Content License. When you provide us with content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise the copyright, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

7. Termination. This Agreement is terminable at any time at our sole discretion without notice.

8. Limitation of Liability. You will not hold us responsible for the actions or inactions of any Buyer or any Seller on the Site. You acknowledge that we are not involved in the actual transaction between Sellers and Buyers and do not guarantee the ability of Sellers to sell the items, the ability of Buyers to pay for the items, or that a transaction would actually be consummated. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OUR SITE AND SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fees you have paid to us in the prior twelve (12) months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SITE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH
YOUR ENJOYMENT OF OUR SITE AND SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FYNDES OR A FYNDES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification. You will indemnify and hold us (and our officers, directors, agents, 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 any rights of a third party.

11. No Agency. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

12. Governing Law; Severability. This Agreement will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents, without regard for conflict of laws principles. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

13. Venue. The parties agree that any claim or dispute that arises under this Agreement shall be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties. The parties agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

14. Notices. Unless specifically provided otherwise, all notices under this Agreement shall be served to the email address you provide to us during your registration process and shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. We may at our option give you notice via ordinary first class U.S. mail to the address provided during the registration process, in which case notice shall be deemed given three (3) days after the date of mailing. Our address for notices is: Fyndes, 11693 San Vicente Blvd. No. 113, Los Angeles, CA 90049, Attn: Legal Department.

15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the use of our Site and services hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter; with the exception of any additional terms and conditions you are required to accept if you choose to use any of our additional services.

16. Amendments. We may amend this Agreement at any time at our sole discretion by posting the amendment(s) on our Site. You will be notified by e-mail of such amendment(s) on the date of such posting, and the amendment(s) shall automatically be effective 30 days after such posting.

17. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $20,000, the parties agree to appoint one (1) arbitrator which shall be based in Los Angeles County, California, and to use the rules of an established Alternative Dispute Resolution provider such as the American Arbitration Association. The arbitrator and the parties shall comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall 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. The prevailing party shall be entitled to recover all fees and costs associated with such arbitration. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, we are entitled to recover from you reasonable attorneys' fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

18. Survival. The following sections shall survive the termination of this Agreement: Sections 2 through 18.

19. Headings. Headings are for reference purposes only and do not limit the extent or scope of the corresponding Section.

20. Waiver. The failure to act with respect to a breach by the other party or by others does not waive a party's right to act with respect to subsequent or similar breaches.

General Shop Requirements
To provide Fyndes customers and shop owners with the highest quality of products and services, we require all shops to meet our quality standards:

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