Effective Date: July 1, 2018
Contents
- Introduction
- Description of Service Offered by Better Finds
- Restrictions on Use
- Representations of User
- Acceptance of Terms and Conditions
- User Account
- Costs of Service
- Intellectual Property Rights
- Copyright
- User Responsibility for Content of Posting
- Disclaimer of Warranty
- Limitation of Liability
- Indemnity
- Arbitration
- Governing law; venue
- Taxes
- Assumption of Risk
- Donation Option
- Contact Information
1) Introduction
Use of the Better Finds online marketplace is subject to the terms and conditions (“Terms of Use”) contained in this document. If you do not agree to any of these Terms of Use, do not access or otherwise use the Better Finds online marketplace. Your use of the Better Finds online marketplace shall be deemed to be your agreement to abide by each of the terms set forth herein. The Terms of Use may be updated and modified from time to time with or without notice to you. Continued use of the online marketplace indicates acceptance of all modifications to these Terms of Use.
We may terminate your use of this online marketplace for any reason, including without limitation, breach of these Terms of Use. We reserve the right to cancel any prospective sale if fraud is suspected.
2) Description of Service
Better Finds is an online marketplace allowing people to buy and sell items in support of a charity. Buyers can conveniently make payments in our online marketplace and sellers will receive a tax receipt in the amount of the purchase price. The net proceeds from the sale will be transferred to the charity designated by the Seller. If the designated charity is not registered with Better Finds, or for any reason cannot accept the donation, the donation will be made to a charity with a mission statement similar to that of the designated charity.
3) Restrictions on Use
Users of the Better Finds online marketplace are subject to the following restrictions:
- You will not list for sale any item that is illegal under any applicable law at any level whether local, state, national or international.
- You will not infringe on the copyrights, trademarks or other intellectual property rights of any third party.
- You will not list for sale any of the following items:
- Internet photos that you have not taken yourself
- Any stolen item
- Any item that is defamatory, libelous, unlawfully threatening or harassing
- Any item that is pornographic
- Any item that contains a virus or other computer programming routine that is intended to cause damage
- Any alcoholic beverage
- Any counterfeit product
- Any embargoed goods
- Any illegal drugs or drug paraphernalia
- Any firearms, fireworks or explosives
- Any prescription drugs or medicines
4) Representations of User
User represents and warrants to Better Finds that the information and content listed on Better Finds will be true and accurate; will not be fraudulent; will not involve the sale of stolen goods; will not violate any law, statute, ordinance or regulation; will not be defamatory, libelous, unlawfully threatening or unlawfully harassing; will not be obscene or contain child pornography; and will not contain any viruses, Trojan horses, or other computer programming routines that are intended to cause damage.
5) Acceptance of Terms and Conditions
Use of the Better Finds online marketplace constitutes acceptance of the terms and conditions contained in this document.
6) User Account
To use the Better Finds online marketplace, you will need to register by using your personal Facebook account or email account. You agree through the Facebook or email account registration to provide accurate, current and complete information when you open an account.
7) Costs of Service
There will be a fee paid (3.9%) to the Donor Advisory Fund for processing the sale transaction. Better Finds will deduct a 5% service fee for maintenance of this online marketplace and administration of this program. When a buyer purchases an item listed by the seller, the fees will be deducted from the sale proceeds with the balance transferred to the designated charity.
8) Intellectual Property Rights
Better Finds Inc. is the holder of intellectual property rights relating to this online marketplace including, but not limited to, the design, applications, text, images, source code, trademarks, and tradenames. The intellectual property of Better Finds Inc., including any visual representation of the online marketplace, website or application, may not be used, reproduced, copied, processed or transmitted in any form without the express prior written permission of Better Finds Inc.
9) Copyright
9.1 Better Finds has adopted policies and procedures in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Better Finds will terminate, at Better Find’s discretion, Users who are deemed to be repeat offenders of the provisions of the DMCA or the intellectual property rights of others.
9.2 Copyright Violation Reporting Procedure.
If you believe that an item offered on our online marketplace infringes on a copyright that you own or control, you may file a notification with Better Finds as follows:
Send your notice to: Better Finds, Legal Department, PO Box 9482 Covington, WA 98042
Include in your notice the following information:
- Identification in detail of the material being infringed upon including information sufficient for Better Finds to locate the infringing material
- Your contact information
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent or the law
- A statement made under penalty of perjury that the information supplied is accurate and that you are authorized to file the notice on behalf of the copyright owner.
- An electronic or physical signature
For additional information on DMCA, see 17 U.S.C. 512 (c) (3).
10) User Responsibility for Content of Posting
The User is solely responsible for the content of the posting by User. Better Finds will not be responsible, in any manner, for the content of the posting by User. Provided, however, that Better Finds retains the right, in its sole discretion, to remove, modify or edit any posting at any time and for any reason without notice.
11) Disclaimer of Warranty
THIS SITE AND THE COMMUNICATIONS PROVIDED HEREIN ARE PROVIDED BY BETTER FINDS ON AN “AS IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BETTER FINDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12) Limitation of Liability
BETTER FINDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF BETTER FINDS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BETTER FINDS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS ONLINE MARKETPLACE. WE DO NOT GUARANTEE THAT OUR ONLINE MARKETPLACE OR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES AND WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THESE MATERIALS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BETTER FINDS ONLINE MARKETPLACE OR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BETTER FINDS ONLINE MARKETPLACE OR WEBSITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS BETTER FINDS’ LIABILITY OR YOUR REMEDIES.
13) Indemnity
User will indemnify and hold Better Finds harmless from all claims, demands, losses, expenses and liability which may arise from the use of the Better Finds online marketplace including, but not limited to, any related costs, reasonable attorney’s fees, court costs, and all other claim related expenses. This indemnity and hold harmless provision shall further specifically include any threatened lawsuit, claim or demand related to any violation of a third party’s intellectual property rights.
14) Arbitration
Any dispute arising under this Agreement shall be decided by arbitration in Seattle, Washington by either Judicial Arbitration & Mediation Services (“JAMS”), Washington Arbitration and Mediation Service “(“WAMS”) or Alternative Dispute Resolution Board (“ADR”). If the parties in dispute cannot decide on which organization to select, then JAMS shall hear the dispute. Judgment upon any arbitration award rendered in accordance herewith may be entered in any court having jurisdiction thereof. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel’s fees. Provided, however, that in the discretion of the arbitrator, any award may include an award of attorney fees to the substantially prevailing party.
15) Governing Law; Venue
This online marketplace and the Terms of Use, and any dispute that might arise out of use of this online marketplace, shall be governed by the laws of the state of Washington. Any action brought to enforce the Terms of Use, or any other matter relating to this online marketplace, that cannot be handled by arbitration, will be brought in either the state or federal courts in King County, Washington. By use of this online marketplace, you are consenting to the jurisdiction of such courts and waive any objection including objection to the venue or any objection based on the doctrine of forum non conveniens.
YOU AGREE THAT IF YOU WANT TO SUE BETTER FINDS, YOU MUST FILE FOR ARBITRATION, OR FILE A LAWSUIT, WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR DISPUTE. OTHERWISE, YOUR DISPUTE WILL BE PERMANENTLY BARRED.
The failure of Better Finds to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Better Finds in writing.
Better Finds shall be excused from performance under this Terms of Use if Better Finds is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms of Use by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of Better Finds.
16) Taxes
Better Finds makes no representation with regard to whether or not any taxes are applicable to the purchase and sale transaction. Each User is responsible for any taxes that may apply whether sale, use, excise, value added, or other similar taxes. Each User is responsible for any reporting requirement with regard to the transaction and for the collection and payment of any such tax, if one should exist.
17) Assumption of Risk
User acknowledges that there are risks associated with the use of the Better Finds online marketplace. Better Finds does not investigate any User and does not verify any claim made by any User. Further, Better Finds does not perform any criminal background check or look into the morality or conduct of any User. All Users are responsible for taking reasonable precautions when meeting other Users to complete a transaction.
18) Donation Option.
The mission of Better Finds Inc. is to provide an online marketplace for people to donate goods with the net sale proceeds to be used by a designated charity. Some users have requested the opportunity to donate goods and have all of the net sale proceeds retained by Better Finds Inc. to assist it in fulfilling its mission. Therefore, one of the donation options will be for the net sale proceeds to be retained by Better Finds Inc. If that is done, the seller will not receive a charitable deduction relating to those funds.
19) Contact Information
Better Finds Inc. may be contacted at
Better Finds Inc.
PO Box 9482
Covington
WA 98042
