Eligibility for Service
UsedSports.com services are not available to minors (under the age of 18). If you become a suspended user, our services will no longer be available to you. UsedSports.com accounts cannot be sold or transferred to any other party. If you are registering as a business, you agree that you have authority to bind the business entity to this User Agreement.
Fees and Services
There is no fee to register, buy or sell on UsedSports.com, its free. In the event we change our fee schedule, the change(s) will become effective upon posting of the new fees and detailed on the Pricing page. If a fee service becomes available, you will be given the chance to review and accept or decline the fees that you will be charged for using our services. All fees are quoted in United States Dollars. You are responsible for paying all fees associated with the use of UsedSports.com services and all required taxes, if applicable.
UsedSports.com does not control the information given by other users that is available through our Site. Other users information may be offensive, deceptive, harmful, or inaccurate. When using our Site, please use good morals, honesty, common sense and safe trading practices. Always be aware of the risks of dealing with underage individuals or groups acting under false pretense.
Hold Harmless and Release
UsedSports.com is a venue, and is not involved in any dispute between buyers and sellers. In the event that a dispute does arise, you release UsedSports.com, our employees, directors, officers, agents, subsidiaries, affiliates, and joint ventures from claims, demands and damages (consequential and actual) of every sort, of every kind, and of every nature, unknown, known, suspected, unsuspected, undisclosed and disclosed, arising out of or in any way connected with such disputes.
Safety and Security
UsedSports.com regulates and continually attempts to remove unauthorized material and/or listings, but cannot be responsible for checking and verifying every item and every users identity. We provide the tools necessary to communicate directly with other potential trading partners, and encourage all users to do so. You may also use a third party escrow service, which provides security by keeping possession of your funds and not releasing them to the seller until the specified terms are met.
UsedSports.com provides a service for sellers to list items for sale. We provide a venue that allows people to buy and sell items using a classified format. We are not involved in actual transactions between buyers and sellers. Therefore, we do not have control over quality, safety or the legality of items advertised, including accuracy or truth of the listings, the ability to determine if buyers can buy items, or the ability to determine for sellers to offer and sell items. UsedSports.com does not warrant that the buyer or seller will complete a transaction.
If you choose to buy an item, you agree to the conditions set forth by the seller in the items listing page, unless those conditions are in violation of the law or this Agreement.
Listing and Selling
All sellers will list items under these terms: (1) registering true name and valid email address; (2) listing item in correct category; (3) listing may only include text descriptions, graphics, pictures and other content relevant to the sale of that item; (4) include all terms and conditions of sale on the listing page.
A users Personal Information is any information you provide to UsedSports.com in any of its features, be it registration, message centers, emails, listings, or any other section on our Site. The user is solely responsible for his/her Personal Information, not UsedSports.com.
All users agree to allow UsedSports.com to use any information provided to us on our Site, and grant to us a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights users have in there content. This includes any media known now or in the future. These rights allow us to host and display your content.
If we confirm or suspect a user engaged in any illegal activity on our Site (past or present), that account will be suspended immediately.
All activities on this Site including Personal Information and listing items shall not: (1) be inaccurate, false or misleading; (2) be counterfeit, stolen or fraudulent; (3) be obscene or contain any kind of pornography; (4) contain anything harmful to minors; (5) be unlawfully harassing or threatening; (6) be trade libelous, or defamatory; (7) violate any law, statute, ordinance or regulation, to include but not limited to those governing export control, unfair competition, consumer protection, false advertising, or antidiscrimination; (8) use email addresses to spam; (9) infringe on any third partys copyright, trademark, patent, trade secret, including other proprietary rights or rights of publicity or privacy; (10) contain any viruses, time bombs, worms, cancel bots, or any other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (11) create liability for UsedSports.com or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (12) participate in any transaction or list any item on our Site that was initiated using our service, by paying us the listing fee , which could cause UsedSports.com to violate any applicable law, regulation, statute, or ordinance.
By use of any means we may immediately remove your listing(s), notify our members, and suspend your member status if: (1) you breach this Agreement or the documents it incorporates; (2) we cannot authenticate or verify any part of the information you provide to us; (3) if we suspect or believe that your actions could cause financial loss or legal liability for our users, UsedSports.com or you.
All users agree you will not use any automatic device, manual or other, to copy and/or monitor our web pages, including this content without our prior written permission. All users agree you will not use software, or any other means to bypass our robot exclusion headers. All users agree not to copy, modify, reproduce, alter, create derivative works, or publicly display any content without prior written consent of UsedSports.com. Lastly, all users agree not to interfere with operational activities that would interrupt, impose undue loads, or any other unreasonable activity on or within the infrastructure of UsedSports.com.
UsedSports.com provides our Site and services as is without any warranty or condition, implied, expressed or statutory. We, in specific, disclaim any implied warranties of title, merchantability, fitness for a specific purpose and non-infringement.
At no time will UsedSports.com be liable for lost profits or any incidental, consequential or special damages arising out of or in conjunction with the use of our services or this Agreement. UsedSports.com liability to any user or third parties in any circumstances is limited to the greater of: (1) the amount of fees you paid to UsedSports.com in the twelve months prior to the action giving rise to the alleged liability, or (2) $100.00 United States Dollars.
Users will comply with all applicable laws, regulations, ordinances and statutes regarding use of our services.
All users agree to indemnify and hold UsedSports.com, our employees, directors, officers, agents, subsidiaries, affiliates and joint ventures harmless from any claim or demand. This includes: (1) attorney fees within reason made by a third party due to a users breach of this Agreement; (2) or a users violation of any law and/or rights of a third party.
UsedSports.com and its users are each independent contractors, and no agency, joint venture, employee/employer, franchiser/franchisee, partnership or relationship is at all created by this Agreement, including the use of our services and/or Site.
Any and all notices will be sent to: firstname.lastname@example.org, Attn: Legal Department. All notices to users will be sent via email address provided to UsedSports.com during registration process. A notice will be deemed twenty four hours after email was sent, unless the sending party has an invalid email address.
Any legal claim or issue relating to our service or this Agreement will be resolved by binding arbitration in compliance with commercial arbitration rules of the American Arbitration Association. This will exclude legal action taken by UsedSports.com to collect our fees and/or damages. Any claims or issues will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or issue of any other party. Arbitrations will be held in Fort Worth, Texas and judgment on the arbitration can be entered into any court having jurisdiction. UsedSports.com or the user may seek interim or preliminary relief only from a court of competent jurisdiction in Fort Worth, Texas, necessary to protect the rights and/or property of UsedSports.com or the user.
Notification of Changes
We reserve the right, at our discretion, to change, modify or alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself aware of any changes.
This Agreement will be governed by laws of the State of Texas. These laws will apply to all agreements entered into and performed within Texas between Texas residents. UsedSports.com does not guarantee continuous or secure access to our services. If any part of this Agreement is held to be invalid or unenforceable, such a provision will be closed and all remaining provisions will be enforced. The headings are for reference only and do not limit, define, or describe the extent of a section. This Agreement lays out the guidelines and agreement between the user and UsedSports.com regarding the subject matter herein.
These services are offered by Used Sports, L.L.C.