By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please contact All Of Us Inc. at email@example.com.
1. All Of Us, Inc.'s Intellectual Property
All Of Us, Inc., and other All Of Us, Inc. graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of All Of Us, Inc. in the U.S. and/or other countries. All Of Us, Inc.'s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
2. All Of Us, Inc. is a Venue
All Of Us, Inc. acts as a venue to allow users who comply with All Of Us Inc.'s policies to participate, offer, sell and buy certain goods within a fixed-price format. All Of Us, Inc. is not directly involved in the transaction between buyers and sellers. As a result, All Of Us, Inc. has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. All Of Us, Inc. does not pre-screen users (except for services that require an application) or the content or information provided by users. All Of Us, Inc. cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, All Of Us, Inc. does not transfer legal ownership of items from the seller to the buyer.
All Of Us, Inc. cannot guarantee the true identity, age, and nationality of a user. All Of Us, Inc. encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that All Of Us, Inc. is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on All Of Us, Inc.. You use the All Of Us, Inc. service at your own risk.
3. Membership Eligibility
Age: All Of Us Inc.'s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. All Of Us, Inc. may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use All Of Us Inc.'s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by All Of Us, Inc.'s policies as stated in the Agreement and the All Of Us, Inc. policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by All Of Us, Inc., each of which is incorporated herein by reference and each of which may be updated by All Of Us, Inc. from time to time without notice to you:
All Of Us, Inc. Guidelines
Referral Terms and Conditions
Electronic Communications Policy
In addition, some services offered by All Of Us, Inc. may be subject to additional terms and conditions promulgated by All Of Us, Inc. from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your passwords secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify All Of Us, Inc. of any unauthorized or any breach of security. You also agree that All Of Us, Inc. cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
Right to Refuse Service: All Of Us, Inc. reserves the right to refuse service to anyone, for any reason, at any time.
4. Fees and Billing
Joining All Of Us, Inc. is free (excluding additional sales channels on All Of Us, Inc. that may have separate fees). All Of Us, Inc. may choose to temporarily change the Fees Policy and the fees for All Of Us, Inc.'s services for promotional events (for example, free listing days); such changes are effective when All Of Us, Inc. posts the temporary promotional event on the Site. All Of Us, Inc. may, at All Of Us, Inc.'s sole discretion, change some or all of All Of Us, Inc.'s services at any time. In the event All Of Us, Inc. introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). If you have a question or wish to dispute a charge, contact All Of Us, Inc..
5. Listing and Selling
Listing Description: All items listed on our Site are the property of All Of Us Inc. and we warrant that that we may legally sell the item(s). In future we may allow other parties to list and sell items on our site through third party apps.
6. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to All Of Us, Inc. and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on All Of Us, Inc..
Restricted Activities: Your Content and your use of All Of Us, Inc. shall not:
Be false, inaccurate or misleading.
Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, All Of Us, Inc.'s Copyright Policy).
Violate this Agreement, All Of Us, Inc. Guidelines, Seller Guidelines or any All Of Us, Inc. site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s or other government agencies.
Contain items that have been identified by the U.S. Consumer Products Safety Commission as hazardous to consumers and therefore subject to a recall.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including All Of Us, Inc. staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
Interfere with a seller’s business or shop.
Take any action that may undermine online reviews or feedback.
Be obscene or contain child pornography.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Host images not part of a listing.
Modify, adapt or hack All Of Us, Inc. or modify another website so as to falsely imply that it is associated with All Of Us, Inc..
Appear to create liability for All Of Us, Inc. or cause All Of Us, Inc. to lose (in whole or in part) the services of All Of Us, Inc.'s ISPs or other suppliers.
Re-Posting Content: By posting Content on All Of Us, Inc., it is possible for an outside website or a third party to re-post that Content. You agree to hold All Of Us, Inc. harmless for any dispute concerning this use. If you choose to display your own All Of Us, Inc.-hosted image on another website, the image must provide a link back to its listing page on All Of Us, Inc..
Idea Submissions: All Of Us, Inc. considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and All Of Us, Inc. shall not be liable for the disclosure or use of such Material. If, at All Of Us, Inc.'s request, any member sends Material to improve the site (for example through the Forums or to customer support), All Of Us, Inc. will also consider that Material to be non-confidential and non-proprietary and All Of Us, Inc. will not be liable for use or disclosure of the Material. Any communication by you to All Of Us, Inc. is subject to this Agreement. You hereby grant and agree to grant All Of Us, Inc., under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
8. Information Control
All Of Us, Inc. does not control the Content provided by users that is made available on All Of Us, Inc.. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using All Of Us, Inc., you agree to accept such risks and that All Of Us, Inc. (and All Of Us, Inc.'s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on All Of Us, Inc.. Please use caution, common sense, and practice safe buying and selling when using All Of Us, Inc..
Other Resources: All Of Us, Inc. is not responsible for the availability of outside websites or resources linked to or referenced on the Site. All Of Us, Inc. does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that All Of Us, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with All Of Us, Inc.'s policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. All Of Us, Inc. is not involved with user generated groups, the groups' requirements, or the Meetings.
All Of Us, Inc. does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that All Of Us, Inc. does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Groups or User Fees: Some user-generated groups on All Of Us, Inc. may require or request that users pay fees in order to be a member of the group, participate in a promotion, or participate in Meetings. ALL OF US, INC. IS NOT INVOLVED IN THE TRANSACTIONS, THE PAYMENTS OR THEIR PROCESSING. THE PAYMENT DOES NOT GO TO ALL OF US, INC.; THIS MONEY IS SEPARATE FROM ANY FEES OR CHARGES ASSESSED BY ALL OF US, INC., AND ALL OF US, INC. HAS NO CONTROL OVER THE MONEY, THE USER-GENERATED GROUPS, PROMOTIONS, THE MEETINGS, OR THE LEADER OF THE GROUP IN CONNECTION WITH ITS USE. YOU ACKNOWLEDGE AND AGREE THAT ALL OF US, INC. IS NEITHER INVOLVED NOR A PARTY IN ANY PAYMENT, TRANSACTION OR INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, ALL OF US, INC. USERS AND/OR THIRD PARTIES (TOGETHER A "THIRD PARTY TRANSACTION"), AND THAT YOU BEAR ALL RISK IN CONNECTION WITH YOUR THIRD PARTY TRANSACTIONS. USERS SHOULD USE COMMON SENSE AND BE CAREFUL IN DECIDING WHETHER TO CONTRIBUTE MONEY.
10. Resolution of Disputes and Release
Disputes with All Of Us, Inc.: In the event a dispute arises between you and All Of Us, Inc., please contact All Of Us, Inc.. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Morgan County, West Virginia, using the English language in accordance with arbitration rules and procedures and mediation Services, then in effect, by one mutually agreed upon commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in West Virginia. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and All Of Us, Inc. agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, All Of Us, Inc. encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on All Of Us, Inc., they may choose to participate in All Of Us, Inc.’s case system in order to resolve the dispute. Cases are escalated for review and resolution by All Of Us, Inc. All Of Us, Inc. provides its dispute resolution process for the benefit of users. All Of Us, Inc. does so in All Of Us, Inc.'s sole discretion, and All Of Us, Inc. has no obligation to resolve disputes between users or between users and outside parties. To the extent that All Of Us, Inc. attempts to resolve a dispute, All Of Us, Inc. will do so in good faith based solely on All Of Us, Inc.'s policies. All Of Us, Inc. will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release All Of Us, Inc. (and All Of Us, Inc.'s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
11. Access and Interference
Take any action that imposes, or may impose, in All Of Us, Inc.'s sole discretion, an unreasonable or disproportionately large load on All Of Us, Inc.'s infrastructure.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Bypass All Of Us, Inc.'s robot exclusion headers or other measures All Of Us, Inc. may use to prevent or restrict access to All Of Us, Inc..
Without limiting any other remedies, All Of Us, Inc. may, without notice, and without refunding any fees, delay or immediately remove Content, warn All Of Us, Inc.'s community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
All Of Us, Inc. reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on All Of Us, Inc..
14. No Warranty
ALL OF US, INC., ALL OF US, INC.'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ALL OF US, INC.'S SUPPLIERS PROVIDE ALL OF US, INC.'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
ALL OF US, INC., ALL OF US, INC.'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ALL OF US, INC.'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ALL OF US, INC. SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
15. Liability Limit
IN NO EVENT SHALL ALL OF US, INC., AND (AS APPLICABLE) ALL OF US, INC.'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ALL OF US, INC.'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ALL OF US, INC.'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ALL OF US, INC.'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ALL OF US, INC.'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ALL OF US, INC. IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ALL OF US, INC. AND (AS APPLICABLE) ALL OF US, INC.'S PARENT, SUBSIDIARIES, AFFILIATES, 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 THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
17. No Guarantee
All Of Us, Inc. does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside All Of Us, Inc.'s control.
18. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any All Of Us, Inc. service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on All Of Us, Inc.'s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. No Agency
You and All Of Us, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
21. All Of Us, Inc. Service
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of West Virginia, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Meetings, Groups or User Fees), 9 (Resolution of Dispute and Release), 10 (All Of Us, Inc.'s Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guaranty), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to All Of Us, Inc.; 99 Woodside South, Berkeley Springs, WV 25411(in the case of All Of Us, Inc.) or, in your case, to the address or email address you provide to All Of Us, Inc. Notice shall be deemed given 24 hours after mail is received, unless the sending party is notified that the address is not valid. Alternatively, All Of Us, Inc. may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to All Of Us, Inc.. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in this policy.
The services hereunder are offered by
All Of Us, Inc. Inc., located at 99 Woodside South 25411. If you are
a West Virginia resident, you may have this same information emailed
to you by sending a letter to the foregoing address with your email
address and a request for this information.
Effective Date: June 21, 2016
Updated: June 21, 2016