SELLERDOOR TERMS OF USE

Welcome to SellerDoor! We provide a website marketplace for vendors (“Vendors”) to buy and sell skateboard products.

The following Terms of Use apply when you view or use SellerDoor’s website located at www.SellerDoor.com. Please review these terms carefully. By accessing or using any part of SellerDoor’s website or using any of its products or services, you agree to become bound by the terms and conditions of this agreement. If you do not agree with these Terms Of Use, you may not, and should not access or use SellerDoor’s website (“Site”) or the services contained therein (collectively the “Service”)

PRIVACY POLICY

SellerDoor respects the privacy of its users. Please refer to SellerDoor’s Privacy Policy (found here: https://thesellerdoor.com/privacy-policy/) which explains how we collect, use and disclose information that pertains to your privacy. When you access or use our website and/or mobile application, you signify your agreement to this Privacy Policy.

ELIGIBILITY

This Service is not intended for use by anyone under the age of 13. If you are a minor, do not use the Service. If you become aware of anyone under 13 using the Service, please let us know at info@thesellerdoor.com.

MODIFICATION OF TERMS OF USE

We can amend or replace these Terms of Use at any time. We will put up notices on our homepage and/or notify you by email to the extent we have such information, to notify you regarding any materials updates or amendments to the Terms of Use and/or Privacy Policy. For this additional reason, you should keep your contact and profile information current. It is your sole responsibility to check the Site from time to time to view any such changes in the Terms of Use or Privacy Policy. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use and Privacy Policy. Any changes to these Terms (other than as set forth in this paragraph) or waiver of SellerDoor’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of SellerDoor. No purported waiver or modification of this Terms of Use by SellerDoor via telephonic or email communications shall be valid.

GENERAL TERMS

AVAILABILITY OF SITE AND SERVICES

SellerDoor recognizes that the traffic of data through the Internet may cause delays during the download of information from the Site and Services and accordingly, you agree that you shall not hold the SellerDoor liable for delays that are ordinary in the course of Internet use. You further acknowledge and accepts that the Site and Services will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the SellerDoor’s upgrading, modification, or standard maintenance of the Website.

USE AND CONDUCT RESTRICTIONS

Your permission to use SellerDoor’s Site and Services is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

  • post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive in the opinion of SellerDoor management and staff;
  • use SellerDoor’s Service for any unlawful purpose or the promotion of activities that •violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Terms of Use whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
  • Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party
  • interfere or attempt to interfere with the proper functioning of SellerDoor’s Site and Services, or hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of SellerDoor’s websites and services, those of its partners, or its users’ computers
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third party providers’) servers, system and network infrastructures.
  • bypass any robot exclusion headers or other measures we (or our third party providers) take to restrict access to our Site and Services, or use of any technology, or device to scrape, spider, or crawl our website or harvest or manipulate data;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
  • Do anything else which, at the sole discretion of SellerDoor, could bring SellerDoor into disrepute, or which violates the rights of any person.
PCI Compliance and Authorization

SellerDoor represents that it is presently in compliance, and will remain in compliance, with the current Payment Card Industry Data Security Standard (“PCI DSS”), developed and published jointly by American Express, Discover, MasterCard, and Visa (“Card Brands”) for protecting individual credit and debit card account numbers or related data (“Cardmember Data”).

Cardmember Data is owned exclusively by the Vendor, credit card issuers, the relevant Card Brand, and entities licensed to process credit and debit card transactions on behalf of Vendor, and further acknowledges that such Cardmember Data may be used solely to assist the parties in completing a transaction, supporting a loyalty program, providing fraud control services, or for other uses specifically required by law, the operating regulations of the Card Brands, or this Terms of Use.

By entering your information into the Service, you authorize SellerDoor to work with the Vendor and your card issuer to process the payment information you enter and charge your account.

LINKS TO OTHER SITES AND/OR MATERIALS

On the Site or App, SellerDoor may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to SellerDoor’s users. SellerDoor has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SellerDoor, and SellerDoor is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site or applications, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by SellerDoor. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(a) Termination of Repeat Infringer Accounts. SellerDoor respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, SellerDoor has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of SellerDoor’s Site and Services who are repeat infringers. SellerDoor may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to SellerDoor’s designated copyright agent at : [ADDRESS]

  1. The date of your notification;
  2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
  6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

  1. Your physical or electronic signature;
  2. A description of the content that has been removed and the location at which the content appeared before it was removed;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by SellerDoor’s copyright agent, SellerDoor may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the SellerDoor’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

You acknowledge and agree that, except for content provided by Vendors, we and our licensors retain ownership of all intellectual property rights of any kind related to SellerDoor’s Site and Services, including applicable copyrights, trademarks and other proprietary rights. Other products, Vendor Products and SellerDoor names that are mentioned on SellerDoor’s Site and Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Terms of Use.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the SellerDoor’s Site and Services’s e-mail and messaging system, will not constitute legal notice to SellerDoor or any of its officers, employees, agents or representatives in any situation where notice to SellerDoor is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the SellerDoor in an electronic form via any email address you may have submitted on our website; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that SellerDoor provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

WARRANTY DISCLAIMER

You agree to indemnify, defend and hold SellerDoor, its affiliated companies, its service providers (including payment networks) and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (1) an violation or breach of these Terms by you, (2) any activity related to access to of use of your account by you or any other person accessing or using your account, or (3) any activity related to your sale or purchase of Vendor Products.

WARRANTY DISCLAIMER

THE SERVICE AND INFORMATION ON THE SITE AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SELLERDOOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SELLERDOOR MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLERDOOR, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH SELLERDOOR OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELLERDOOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE (OR OUR APP) AND IN NO EVENT WILL IT EXCEED $50. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with a customer or a Vendor of a product or service using the Service, please contact the customer or Vendor or your card issuer as we are not liable for the acts or omissions of any restaurant or merchant using our Service. Our provision of the Service is not an endorsement of any Vendor. Further, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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. If you are a California resident, you hereby release SellerDoor, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of 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 not known by him must have materially affected his settlement with the debtor.”.”

GENERAL TERMS

If any part of this Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of SellerDoor to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Terms of Use will survive any termination of this Terms of Use.

You agree that any cause of action related to or arising out of your relationship with SellerDoor must commence within One year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for Orange County, California and you waive any objection to such forum.

SellerDoor may assign or delegate these Terms of Use and/or SellerDoor’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without SellerDoor’s prior written consent, and any unauthorized assignment and delegation by you is void.

If any provision of this Terms of Use is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such a determination shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement. Further, any provision of this Agreement deemed to be invalid, illegal, or unenforceable in any respect will be revised and interpreted to be valid, legal, and enforceable to the full extent permitted by law. Nothing in this Agreement nor any conduct by SellerDoor shall be construed as waiving any right that may not be waived under applicable law.

VENDOR TERMS

This section shall apply solely to persons or entities selling products on the Site using SellerDoor Services (“Vendor” or “Vendors”).

If you would like to sell products on the Site, you will be required to register and start an account and profile post your information, products and sell. In providing such information necessary to set up an account, you represent and warrant that the information you provide is yours and that such information is accurate and current. Failure to keep information current and accurate may result in suspension of your account and the inability to sell Vendor products on the Site.

You grant us a license to store, transmit and display the content on the Site to promote the Vendor Products you wish to sell using the Site and Services. We reserve the right to remove any content or Vendor Products that violate our Terms of Use as applied to Vendors for any reason not prohibited by law.

SellerDoor reserves the right to suspend or terminate Vendor accounts in its sole discretion for any reason not prohibited by law. Vendor is responsible for collecting all taxes related to the Services they use and for any and all permits or approvals required by law. Vendor agrees that it is solely liable for any transaction or sale of your Products on the Site and represents and warrant that i) the person agreeing to these Terms of Use on behalf of Vendor has the power and are authorized to enter into and bind Vendor and ii) Vendor is liable for the manufacture, transportation and sale of products that it offers on the Site shall comply with all applicable laws, rules, regulations and ordinances. Vendor shall indemnify, defend and hold harmless SellerDoor from any claim, damages, fines or judgements arising from the advertising and sale of Vendor products on the Site.

In exchange for using the Site and Services, Vendor agrees to pay the applicable fees charged [NEED LINK TO PRICING] (“Fees”) for your use of the Site and Services which are determined based on the Services you use and have configured and created as well as any additional tools you activate via the Site. You must provide us with valid credit card information or other payment information (such as billing address or email address) when you create your account. Fees will begin to accrue on the the date you complete your registration as a Vendor on the Site (“Billing Start Date”) and you will be charged within xx days of a purchase of Vendor products through the site by consumers. [NEED BILLING TERMS HERE] The Fees, once paid, are nonrefundable.

CONSUMER TERMS

From time-to-time, certain Vendors may offer goods or services (“Vendor Products”) for purchase on our Site. The following terms, as well as any terms and conditions referenced by the applicable Vendor or otherwise displayed via the Site when you order the Vendor Products on the Site (“Vendor Terms”).

You may be required to register and start an account and profile to order from Vendors on our Site. In providing such information necessary to set up an account, you represent and warrant that the information you provide is yours and that such information is accurate and current. It is your obligation to keep your information current or your order for Vendor Products may not be processed.

To order Vendor Products, you will be required to provide certain information, such as your debit or credit card number, expiration date, and security code, to Stripe, a third party payments processor, via the Site. For Stripe’s terms and privacy policies, please go to: https://stripe.com/us/privacy.

When you purchase a Vendor Product, you are purchasing such Vendor Products from the applicable Vendor – not SellerDoor. Seller Door is not a bank or money transmitter and does not process payments for Merchant Products sold on the Site. By purchasing Vendor Products through the Site, you agree that SellerDoor is not liable for the quality, quantity or delivery of the Vendor Products.

You specifically authorize the sharing, exchange and use of transaction data in connection with your Vendor Products with Stripe, any other service providers of SellerDoor, and applicable merchants, as described herein and in the Privacy Policy.

If you did not intend to purchase a Vendor Products or want to cancel an order or request a chargeback you must contact the Vendor and/or Stripe. Any decision to accept returns of, or issue refunds for, Merchant Products will be made by the merchant and/or Stripe.

SellerDoor provides a platform for the purchase of goods and services sold by SellerDoor Vendors, but we are not responsible for the goods or services sold by any merchant on the SellerDoor Site.

Neither SellerDoor nor Stripe will have any liability to you in connection with your purchase of Vendor Products, including, without limitation, in connection with:

  • any goods or services associated with a SellerDoor Vendor,
  • honoring purchase of Vendor Products, delivering Vendor Products, or fulfilling a purchase of a Vendor Product,
  • any action or inaction by Stripe or the Vendor whose goods or services are the subject of a SellerDoor purchase by you.
  • the failure of SellerDoor or Stripe to provide any notifications or engage in any monitoring described herein,
  • to honor or refund the Vendor Product, or to provide any updates about Vendor Products.

This means that any liability regarding a Vendor Product lies exclusively with the SellerDoor Vendor.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users of SellerDoor’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://thesellerdoor.com/privacy-policy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.