Terms of Service
This User Agreement sets out the terms on which SecondhandCycle.com offers you access to and use of our site. You agree to comply with this User Agreement when accessing or using SecondhandCycle.com.
SecondhandCycle is a platform that allows users to offer, sell, trade and buy anything related to bicycles or cycling-related gear or accessories. Any actual contract for sale, trade, etc. is directly between users of SecondhandCycle.com and does not include SecondhandCycle.com. SecondhandCycle is not a traditional auctioneer.
All data provided on SecondhandCycle.com is solely informational and you may decide to utilize it or not. This may include but is not limited to pricing, advice, newsletters, articles, ratings and authenticity. Except as otherwise noted, SecondhandCycle will help facilitate the resolution of ALL disputes that may arise as expeditiously as possible. Resolutions are strictly at the discretion of SecondhandCycle and its associates and methods, and all resolutions are final. SecondhandCycle has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of users to sell or trade items; the ability of buyers to pay for items; or that a user will actually complete a transaction or return an item.
1 ) Using SecondhandCycle
In connection with using or accessing SecondhandCycle.com, you will not:
- post, list or upload content or items in inappropriate categories or areas on our site;
- breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our site;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an SecondhandCycle policy;
- fail to deliver items sold by you, unless you have a valid reason as set out in an SecondhandCycle policy;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems;
- utilize the SecondhandCycle messaging system for anything other than completing a valid SecondhandCycle transaction;
- transfer your SecondhandCycle account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm SecondhandCycle or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our site for any purpose, except with the prior express permission of SecondhandCycle;
- interfere with the working of SecondhandCycle.com, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to SecondhandCycle.com.
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any SecondhandCycle information or software associated with such application, except with the prior express written permission of SecondhandCycle;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures we use to provide your SecondhandCycle.com user experience.
Sellers must meet SecondhandCycle’s minimum performance standards. Failure to meet these standards may result in limiting, restricting, suspending, or downgrading your user account. If we believe you are abusing SecondhandCycle in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s), delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical or any other steps as appropriate to prevent you from using SecondhandCycle.com.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse or terminate any user account for any reason at any time.
2 ) Fees
We charge sellers a final sale price fee of 5% for any item sold on SecondhandCycle.com, and nothing more. You will never be liable for any additional fees from SecondhandCycle.com without advance notice and the opportunity to opt out. The 5% fee applies only:
- to the total final sale price of your item;
- when you sell an item
You must have a payment method on file when using SecondhandCycle.com, and pay all fees associated with the use of our site by the payment due date. All reasonable methods will be used to collect unpaid fees. Accounts more than 60 days past due are automatically suspended and subject to a $10.00 reinstatement fee.
There is no fee for buyers on SecondhandCycle.com.
3 ) Rules for Everyone
There are rules that all SecondhandCycle members, both buyers and sellers, need to know and follow. These rules are created to protect you and to keep SecondhandCycle a safe place to buy, sell, and trade.
Rules about general member conduct
SecondhandCycle members aren’t allowed to:
- Interfere with the SecondhandCycle site
- Use profanity on the site
- Infringe on SecondhandCycle’s intellectual property
- Create a new account or buy and sell on other existing accounts to avoid restrictions or limits
- Falsely report that another member has violated a SecondhandCycle policy
In addition to rules that apply to all SecondhandCycle members, SecondhandCycle also has rules specifically about Feedback, buying, and selling.
When a buyer or seller dispute arises, depending on the particular situation, we may consider an individual’s performance history and the specific circumstances, which can influence how we apply our rules and policies. At our discretion, we may choose to be more lenient with policy enforcement. We reserve the right to do the right thing for both buyers and sellers.
Rules about identity
- Must be at least 18 years of age
- Can’t misrepresent their identities
- Must always provide valid and complete contact information and must always have a valid email address
- Can’t publish the contact information of other members in an online public area
- Must choose their user ID according to the following:
- Your username is the unique name that you use to identify yourself on SecondhandCycle. When you register, you should choose a username that you like and will remember. Use your imagination, but keep in mind that there are a few rules you need to follow. Remember that usernames:
- Can’t be obscene or profane.
- Can’t contain an email address or web address (URL), the word or any variation of the word ‘SecondhandCycle’.
- Can’t contain a third party’s trademark or brand.
- Your username is the unique name that you use to identify yourself on SecondhandCycle. When you register, you should choose a username that you like and will remember. Use your imagination, but keep in mind that there are a few rules you need to follow. Remember that usernames:
Rules about communicating with other SecondhandCycle members
- SecondhandCycle members can’t use our member-to-member contact options (messaging):
- for solicitation of any type, except 2nd chance offers as outlined in Listing Conditions below.
- to send spam.
- to threaten or engage in threatening behavior.
Rules about SecondhandCycle’s responsibilities
- Your personal information will never be sold, loaned, given out without your permission, traded or given away for ANY reason.
- Sales and purchase data is not shared with anyone for any reason, and kept private at all times.
- SecondhandCycle appreciates your ideas, but considers these unsolicited idea submissions as non-binding.
Rules regarding taxes
- All taxes are the sole responsibility of the user.
4 ) Rules for Sellers
SecondhandCycle’s policies help to create a safer, fair and enjoyable trading experience for all members. As a seller, you are responsible for reviewing and understanding SecondhandCycle’s selling policies and this User Agreement.
Seller performance standards
SecondhandCycle expects sellers to consistently provide service that results in a high level of satisfaction. This includes setting and meeting buyer expectations by providing excellent customer service from beginning to end.
As a seller, you’re expected to:
- Promptly resolve customer issues.
- Ship items on time, within your specified handling time.
- Manage inventory and keep items well stocked.
- Charge reasonable shipping and handling costs.
- Specify shipping costs and handling time in the listing.
- Follow through on your return policy.
- Respond to buyers’ questions promptly.
- Be helpful, friendly, and professional throughout a transaction.
- Make sure the item is delivered to the buyer as described in the listing.
When listing an item, you agree to comply with SecondhandCycle’s rules for listing and that:
- You are responsible for the accuracy and content of the listing and the item offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). SecondhandCycle can’t guarantee exact listing durations.
- Content that violates any of SecondhandCycle’s policies may be modified, concealed, obscured or deleted at SecondhandCycle’s discretion.
- We strive to create a user-friendly environment where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- user’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, SecondhandCycle policy compliance, Feedback, and defect rate; and
- number of listings matching the user’s query.
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the user.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
- Sellers may not list one-off, singular, unique, or rare items across multiple selling platforms. SecondhandCycle administrative staff will conduct periodic account audits and listings of this nature that are found on other selling platforms will be ended. Frequent abuse of this rule will result in account suspension.
- ‘Good Till Canceled’ listings will remain live for 30 days. After 30 days the listing may be canceled at our discretion.
- Sellers will solicit Second Chance Offers from a list of non-winning bidders from their own listings. Permission must be granted from the listing seller, through the SecondhandCycle messaging system, before soliciting a Second Chance Offer from a non-winning bidder of an auction that is not your own.
Rules for listings
The rules set forth below help provide a better and safer experience on SecondhandCycle. To ensure a smooth experience, be sure to review and follow these rules when you list your items. We realize that not following a SecondhandCycle policy can sometimes be an honest mistake. If your item is allowed, you may just need to edit your listing so that it meets our guidelines.
Item Descriptions should be thoughtful and thorough, but please keep privacy of third-parties in mind. Listings that contain third-party personal identification without consent will be ended by SecondhandCycle staff. Use of bonafide business names or third-party monikers is permitted.
Accepted payments policy
To help ensure a safe marketplace, the only payment option that is acceptable on SecondhandCycle is PayPal. PayPal is safe and easy to use. Users may accept other payments such as payment upon pickup, personal and business checks or money orders, seller business private gateways, and other online payment services. Additionally, the ‘Payment Options’ and ‘Payment Instructions’ sections of your listing must state which specific payment methods you accept. If you accept a payment method, don’t place limitations on what forms of it you accept. However, it has been our experience that PayPal is secure and most widely-available to users.
Common sense prevails, but the following is not allowed:
- Sending cash through the mail
- Sending cash or money orders through instant, point-to-point cash transfer services (that aren’t banks) such as Western Union or MoneyGram
- Paying through bank-to-bank transfers
- Paying by “topping off” a seller’s prepaid credit or debit card
- Paying using online or other payment methods not specifically permitted in this policy
- Asking buyers to contact you for additional payment methods, or including misleading or unclear payment information
- Offering a payment method to some buyers and not to others
- Discouraging buyers from using any payment method you specified in the listing
- Discouraging buyers from using SecondhandCycle’s accepted payment methods
- Asking buyers to pay using a method not mentioned in the listing
- Paying with Virtual or Cryptocurrencies
- Placing limitations on payment methods you accept. For example:
- “I accept PayPal but do not accept credit card payments through PayPal”
- “I only accept PayPal if the bid amount is greater than $15”
In addition, you aren’t allowed to make statements such as:
- “Contact us for payment information.”
- “Contact us for other payment methods.”
- “Contact us for your preferred payment method.”
- “Buyers may request to pay by check or money order.”
Prohibited and restricted items
- SecondhandCycle.com is a family website used by many different people. Please be prudent and exercise good judgement when listing any item. Anything deemed offensive will be removed. There are no exceptions to this rule.
- Listing items globally can be a fun and rewarding experience. At the same time, it’s important that all listings and transactions comply with applicable laws. Users are responsible for making sure their transactions are lawful in both the country of the seller and the country of the buyer.
- You can exclude countries you don’t want to ship to by selecting Listing Preferences > Manage Buyers.
- We strongly encourage all members to learn about the laws in their own country as well as the countries where they plan to sell or trade. If you’re shipping worldwide, please be aware that your item may not appear in the search results in countries where the item is not allowed.
Hazardous, restricted, or regulated materials
- For health and safety reasons, most hazardous materials (such as fire extinguishers, refrigerants, and radioactive materials) can’t be listed. Please do not list any materials that may be considered hazardous.
- Before listing food items, be sure to familiarize yourself with federal and state laws and regulations. These items must:
- Have a clearly marked expiration or use by date
- Be delivered to the buyer before they expire
- Not be altered or changed in any way
- Be stored safely before you ship them
- When you list these types of items, you’re certifying that you’ve met all safety conditions.
- Before listing food items, be sure to familiarize yourself with federal and state laws and regulations. These items must:
- Alcohol, alcoholic beverages, wine and beer are not allowed.
- In general, anything alcohol-related is not also cycling-related, so it’s likely a listing related to alcohol will be removed
- Users are responsible for making sure any item they offer for sale on SecondhandCycle is authentic and its listing description doesn’t infringe on the rights of others.
- Examples of infringements:
- Trademark Infringements – Items that bear the rights owner’s trademark—such as a logo—but weren’t made by the rights owner
- Unauthorized copies of audio, video, or other media
- Unauthorized use of owner’s images and/or text in a listing
- Replica and Counterfeit – It’s illegal to sell counterfeits, fakes, or replicas of brand-name items.
- Brand Name Misuse – You may not use brand names in your listing if the product isn’t manufactured by or compatible with that brand. You may use “compatible with,” “fits,” or “for” before a brand name if the item you are describing is specifically designed to be compatible with the products of that brand.
- Logo Misuse – If you include logos in your listing descriptions, make sure you’re authorized to use them. Using someone’s logo without permission is a violation of trademark laws and can be misleading for buyers. Creating a logo that’s similar to someone else’s can also be a trademark infringement.
- Warranty – Listings that contain a misrepresentation regarding an item’s warranty are in violation of trademark laws. Information relating to the warranty of a product is considered material information and should never be misrepresented. You should read the warranty or contact the manufacturer to be sure that the warranty is eligible for a buyer before mentioning it in a listing.
- Copyright Infringements – A copyright is the legal protection given to authors of creative works, such as movies, music, software, photographs, and books, both published and unpublished. Copyright protection prevents others from using the work without permission.
- Image and Text – Using someone else’s image or description without authorization violates copyright laws. If you use text or an image that was created by someone else be sure that you have permission to use the text or image.
- Media, Software, Movies, Paintings – Selling unauthorized copies of media, software, movies, or paintings violates copyright laws. Unauthorized copies include (but aren’t limited to) backup, pirated, duplicated, or bootlegged copies. Copyright protection prevents others from using creative works without permission. It may also limit the right to distribute the copyrighted product.
- Design Right (Europe, Asia, Australia, and New Zealand only) – Design Right applies to the way something looks, the shape and configuration of a product, but not its functionality. Design Rights protect designs from being copied and used by someone else.
- Patent Rights (Europe) – A patent is a specific set of rights granted to inventors, giving them the right to exclude others from making, using, and selling their invention. Patents are registered with each region’s patent and trademark office.
- Parallel Imports – Some products are intended for sale in a specific market or country. The sale of these products into another country or market could violate trademark or copyright laws. We strongly encourage our members to educate themselves about the laws of their own country, as well as the countries where they plan to do business.
5 ) Rules for Buyers
We want to maintain a safe, fair, and enjoyable marketplace for both buyers and sellers. If you’re a buyer, we ask that you review and understand our policies, including the SecondhandCycle User Agreement, before you bid on, buy or trade an item.
Our policies are intended to:
- Follow local laws and regulations
- Minimize risks to buyers and sellers
- Make sure that no one has an unfair advantage
- Create an enjoyable buying experience
- Protect intellectual property rights
When buying or trading an item, you agree to the rules for buyers and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
- We (SecondhandCycle) do not transfer legal ownership of items from the seller to the buyer.
Buying practices policy
We want all SecondhandCycle members to be able to buy and sell on SecondhandCycle with confidence. We want our sellers to bring great service and value to our marketplace, and we strive to protect sellers from unfair and unsafe buyer activity.
This policy outlines our expectations for buyer behavior. When buyers don’t meet these standards, we encourage sellers to report the concern.
Not paying for an item
If you’ve placed a winning bid or clicked Buy it Now in a listing, or a seller has accepted your offer, you’ve entered into a valid contract and you are committed to purchasing that item.
- Due to the nature of some items, timely payment is necessary to ensure safe and prompt delivery of your item. Timely payment usually means 48 hours or less, or any payment timeline as outlined by the seller in the item listing.
- If you don’t pay for an item, even if you’ve changed your mind, you’re violating our policy. SecondhandCycle will notify you by email and a ‘non-paying’ bidder notation will be entered onto your account. Three ‘non-paying’ bidder notations is an automatic account suspension. Gross neglect of payment at any time is an automatic account suspension. After your account has been suspended you’ll be subject to a $10.00 reinstatement fee.
Making unreasonable demands
When you bid on or buy an item, you accept the seller’s terms as set out in the listing, provided the listing complies with our listing policies. You’re entitled to expect that the seller will do what they’ve said with regards to shipping, payments, and item returns. We know that exceptional circumstances can arise, and we allow you to make reasonable and limited requests. However, we don’t require sellers to fulfill requests that are outside of their terms.
We don’t allow unreasonable or excessive demands. We also consider using the threat of negative Feedback as a way to make demands of the seller to be extortion and we don’t allow it.
- Asking to use one of the alternative shipping options specified in the listing
- Asking to use a more expensive shipping option to get the item more quickly, and offering to pay the extra shipping cost
- Asking the seller if it’s acceptable if your payment is briefly delayed due to exceptional circumstances
- Asking to return an item according to the seller’s return policy
- Asking whether a seller will combine shipping for multiple purchases
- Demanding a change to the shipping method or delivery location, other than those specified in the listing
- Demanding a change to the payment method or timing, other than those specified in the listing
- Demanding a partial refund or discount not covered by the original listing under threat of negative Feedback.
- Demanding additional items or services that are outside of what is contained in the listing
Leaving inappropriate feedback
Feedback is an essential tool for letting other members know about your experiences with a seller, and we encourage you to be honest. However, we don’t allow misuse of Feedback.
- Leaving negative or neutral Feedback with an appropriate comment reflecting your experience
- Leaving low detailed seller ratings if the seller’s performance doesn’t live up to your expectations
- Leaving inappropriate Feedback comments, such as comments containing obscene language or personal identifying data.
- Leaving negative or neutral Feedback or low detailed seller ratings because a seller didn’t provide additional goods and services not mentioned in the original listing. We consider threatening to do this to be Feedback extortion.
- Consistently leaving low detailed seller ratings or negative Feedback for sellers who sell the same or similar items as you. We consider this to be Feedback manipulation.
We encourage all sellers to specify a clear return policy in their listings. Always check the return policy specified in a listing before committing to pay for an item.
If you want to return an item, review the seller’s return policy before initiating a return. Sellers may specify requirements for returns such as time limits, restocking fees, and who pays for return shipping.
- Returning a faulty item or an item that wasn’t as described in the listing
- Returning an item within the terms of the seller’s return policy
- Returning a different item (for example, a used or older model of the same product or an empty box)
- Not returning the item in the condition that it was sent to you
- Returning an item that has been damaged after being delivered
- Claiming an item isn’t as described in the listing in order to circumvent a seller’s return policy
- Not following the terms of the seller’s return policy
- A pattern of purchasing items and receiving excessive refunds
Asking a seller to falsely declare an item as a gift on a customs form is considered to be encouraging illegal activity.
We may take action against a buyer if we see a pattern of excessive or invalid bid retractions. You can only retract a bid under exceptional circumstances. Bid retractions will not be allowed after intentionally bidding on a listing to reveal a sellers’ reserve price or the proxy bid of another user.
Unwelcome and malicious buying
We consider bidding on or buying an item when you have no intention of completing the transaction, or circumventing a seller’s buyer requirements, to be unwelcome and malicious buying.
You must pay for items using one of our accepted payment methods. We encourage sellers to make sure that payment has cleared before sending an item, and to report attempted fraud to us.
All SecondhandCycle members must keep their account details up to date. We take action when we know that a member has false or missing contact information, or if we can’t contact a member because they have an invalid or dead email address.
6 ) Rules about bidding and paying
- You can’t use SecondhandCycle if your account contains false contact information. Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact our members.
- You must pay for any item you commit to buying. Some SecondhandCycle sellers use an auction-style format, allowing you to bid on an item. Bidding is fun, but keep in mind that each bid you make is a binding contract to buy the item if you win. The same is true for Buy It Now purchases. Not paying for an item after you agree to buy it has negative consequences.
- You must pay for any item you’ve won or committed to buy, in a timely fashion. Usually, payment to the seller is immediate but should not be longer than 48 hours after the listing has ended or you’ve committed to buy.
- You can only bid if you intend to buy the item. Don’t place a bid unless you mean to buy the item.
- You can’t bid on your own item. We call this shill bidding and it not only violates our policies, it’s against the law in many jurisdictions. You may be prosecuted.
- Be careful about bidding on several items if you only want one. If you’re the winning bidder of more than one auction-style listing, you need to purchase all the items you’ve won, even if they’re the same or similar.
- You can only retract a bid under specific circumstances. For example, if you meant to bid $10.00 but accidentally bid $1,000.00, you can retract the bid. Even then, you need to bid the amount you originally intended immediately. Never use bid retraction to manipulate the bidding process. Bid manipulation is unfair, and it has serious consequences.
- Make sure that you read the listing description before you bid. Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and the terms of the sale. For example, some sellers only want to sell to bidders who live in a certain country, or who will pay using PayPal. Only bid on or buy an item if you can meet the requirements described in the listing. If you bid on an item and you don’t meet the seller’s requirements, we consider that unwelcome and malicious buying.
- If you know the seller, you can’t bid on the item with the intent to increase its price or desirability artificially. This rule applies to family, friends, roommates, employees, and online connections.
- Buying items from someone just to increase their Feedback score or improve their search standing is called shill bidding, and it’s against our policies.
- If you buy an item from a seller in another country, you can’t ask the seller to mark the item as a gift in the customs declaration. This is illegal, and against our policies.
7 ) Rules about Feedback
- You can’t abuse the Feedback system. This means you can’t threaten to leave a seller negative Feedback if that seller won’t do something that wasn’t promised in the original listing. This is called Feedback extortion and is against our policy.
- Also, you can’t leave Feedback if you’re only doing it to help increase a seller’s Feedback score. This is a type of Feedback manipulation and is also not allowed.
- There is a 30-day window for leaving feedback. That time period may be increased by SecondhandCycle under exceptional circumstances.
- Make sure that you understand and follow all of our Feedback policies.
- If you’re having a problem with a seller:
- Be honest and have good intentions when you try to resolve a transaction problem.
- You can’t try to contact other potential buyers to “warn” them about a seller. This is called transaction interference. If you have a concern about a seller’s behavior, report it to us and we’ll investigate.
8 ) Limitation of Liability
SecondhandCycle functions properly and up-time is 99% or better. However, we cannot guarantee the continuous operation of or access to our services. Bidding updates and other notifications in SecondhandCycle’s software may not occur in real time. Such functionality is subject to delays beyond SecondhandCycle’s control.
You agree that you are making use of our services at your own risk, and that they are being provided to you ‘AS IS’ on an ‘AS AVAILABLE’ basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officer, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the services;
- your use of or your inability to use our services;
- pricing, shipping, format, or other guidance provided by SecondhandCycle;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing or linking to our services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- damage to your hardware device from the use of any SecondhandCycle service;
- the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the SecondhandCycle User Agreement;
- the duration or manner in which your listing appear in search results; or
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
SecondhandCycle is not responsible for any damages to yourself or others, including the loss of life, due to the use of items purchased on the site.
9 ) Content
When providing content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against SecondhandCycle, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this Agreement, does not and will not infringe any Intellectual Property Rights of any third party. SecondhandCycle takes no responsibility and assumes no liability for any content provided by you or any third party.
The name “SecondhandCycle” and other SecondhandCycle marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of SecondhandCycle in the U.S. and other countries. They may not be used without the express written prior permission of SecondhandCycle.
10 ) Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
11 ) Indemnity
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of SecondhandCycle’s Services or your breach of any law or the rights of a third party.
12 ) Legal Disputes
You and SecondhandCycle agree that any claim or dispute at law or equity that has arisen, or may arise, between you and SecondhandCycle (including any claim or dispute between you and a third-party agent of SecondhandCycle) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the services, the actions of SecondhandCycle or its agents, or any products or services sold or purchased through the services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
- Applicable Law – You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and SecondhandCycle, except as otherwise stated in this User Agreement.
- Agreement to Arbitrate – You and SecondhandCycle each agree that any and all disputes or claims that have arisen, or may arise, between you and SecondhandCycle (including any disputes or claims between you and a third-party agent of SecondhandCycle) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the services, the actions of SecondhandCycle or its agents, or any products or services sold, offered, or purchased through the services shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief – You and SecondhandCycle agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any proceeding. Unless both you and SecondhandCycle agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.
- Arbitration procedures – Arbitration is more informal than a lawsuit in court. As such, arbitration procedures and costs are fluid and dependent upon a number of factors including interpretation and substance of the claim. Information regarding procedures for filling, arbitration, costs, etc are available by contacting SecondhandCycle administration.
- Arbitrator decision final – The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same SecondhandCycle user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Severability – With the exception of any of the provisions in ‘Prohibition of Class and Representative Actions and Non-Individualized Relief’, if an arbitrator decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- Future Amendments to the Agreement to Arbitrate – Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if SecondhandCycle makes any amendment to this Agreement to Arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against SecondhandCycle prior to the effective date of the amendment. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
13 ) Judicial Forum for Legal Disputes
Unless you and SecondhandCycle agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and SecondhandCycle must be resolved exclusively by a state or federal court located within San Mateo, California. You and SecondhandCycle agree to submit to the personal jurisdiction of the courts located within San Mateo, CA, for the purpose of litigating all such claims or disputes.
Additionally, as a member and user, you agree now and always to never defame, disparage, attack or criticize our site or users, including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents through libel or slander, in any form, on or in any media for any reason.
14 ) General
Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
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 does not 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 User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.SecondhandCycle.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a SecondhandCycle representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the SecondhandCycle site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and polices posted through our services set forth the entire understanding and agreement between you and SecondhandCycle, and supersede all prior understandings and agreements of the parties.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.