Terms of Service
Last updated: October 17, 2022
These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "OfferUp Services" or "Services") provided by OfferUp Inc. ("OfferUp", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 21 OR 22.
YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS OUTLINED IN SECTION 17.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
From time to time OfferUp introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
To contact OfferUp regarding the Services or your account, please visit the Contact Us Page where we will ask for certain information that will allow us to effectively respond to your message. Alternately, you can submit general inquiries regarding these Terms or our Services to [email protected].
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the OfferUp Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the OfferUp Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
3. User Accounts and Account Security
You may need to register for an OfferUp account with OfferUp or a payment account with OfferUp's Payment Provider (see section 4(C) for more information) to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for an OfferUp account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim OfferUp account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those usernames.
4. The OfferUp Services
A. Posting Items
The OfferUp Services allow you to post items for sale by uploading pictures and providing item descriptions. You can post most items through the Services without charge. OfferUp charges a fee to post some items or if you exceed your available free posts for certain types of items. If there is a fee to post your item, OfferUp will notify you through the Services before you post your item. You may also promote your items for a fee. If you pay to promote your item, OfferUp will post your item more prominently and frequently within the Services home feed. Promoted items are also identified within the feed. OfferUp offers various pricing packages, including subscriptions, to post and promote items. Pricing details are provided through the OfferUp Services.
B. Buying and Selling
When a buyer and seller agree on a price for an item posted for sale on the Services, they have different options for completing the transaction.
If a buyer and seller agree, items may be paid for outside of the OfferUp Services, such as by cash, check or other payment method agreed upon. Such payments are made directly between the buyer and the seller when they complete their transaction, pursuant to terms they determine. OfferUp is not a party to such transactions, does not facilitate such transactions, and cannot assist with refunds or returns related to such transactions in any manner.
Alternatively, the OfferUp Services allow you to pay for a purchase with a credit card or other electronic payment method through the Services ("OfferUp Payment Solution"). Some transactions, such as purchases from Pro Sellers, may only be made using the OfferUp Payment Solution. All purchases made using the OfferUp Payment Solution are made directly between you and the other party according to these Terms and any other terms the parties mutually determine. OfferUp is not a party to such transactions and disclaims any and all responsibility to facilitate such transactions or provide refunds or returns, other than as expressly provided in the Purchase Protection Policies.
C. Payment Accounts
If you choose to make or accept payment for items using the OfferUp Payment Solution, you agree to pay the relevant service fees. OfferUp reserves the right to change the service fees from time to time.
Making or accepting payment using the OfferUp Payment Solution requires you maintain an account with OfferUp's then-current payment processor for the OfferUp Payment Solution ("Payment Provider"). OfferUp currently uses Stripe, Inc. ("Stripe"), a payment processing service, as its Payment Provider. If you wish to use this feature, you must enroll for the service through Stripe. By providing your credit card or deposit account information, you are entering into an agreement with Stripe and agree to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). OfferUp is not a party to the Stripe Services Agreement and is not responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the OfferUp Payment Solution, you authorize Stripe to share your payment method information with an alternative Payment Provider.
OfferUp, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the OfferUp Payment Solution. Additionally, the Payment Provider may impose its own limits on your use of the OfferUp Payment Solution. THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO USE THE OFFERUP PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION. IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED THROUGH THE OFFERUP PAYMENT SOLUTION, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION.
YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION MAY BE REVOKED, DISABLED, OR LIMITED IF THE PURCHASE OR SALE VIOLATES ANY OF THESE TERMS, INCLUDING THE PROHIBITED ITEMS GUIDELINES REFERENCED IN SECTION 7.
The buyer's payment, minus any applicable OfferUp fee, will be released to the seller typically 3-5 business days after the purchased item has been delivered to the buyer, provided that no claims are made by the buyer under the Purchase Protection Policies. Purchase Protection claims may result in delay and/or cancellation of payment being released to the seller. Sellers authorize the Payment Provider to pay OfferUp from Seller's account any fees incurred by the Seller from using the Services.
You are responsible for any sales, use, duty, or other governmental taxes or fees due with respect to your purchase or sale through the Services.
OfferUp will collect applicable sales tax if we determine that we have a duty to collect sales tax in a given state. OfferUp maintains a list of the states where it collects sales tax. If you are in a state where OfferUp does not collect sales tax on your behalf, you are required to collect all applicable sales taxes for sales made through the OfferUp Services.
OfferUp may need to report your earnings from OfferUp transactions to tax authorities if you hit certain thresholds of activity on our platform. If OfferUp determines that it is necessary to report your earnings, we will ask you for personal information, such as your social security number, in order to complete tax form 1099-K. If you do not provide this information when requested, we will instruct our Payment Provider to block payments to your bank account until we receive the necessary information.
OfferUp permits sellers to post certain items as being available for shipping nationwide (within the contiguous United States).
Sellers who post items as being available for shipping nationwide must ship their items in accordance with OfferUp's Shipping Policy. When a seller accepts a buyer's offer to purchase an item to be shipped, the seller must print the pre-paid shipping label provided by OfferUp and mail the item within 3 business days of accepting the offer. Sellers who receive a pre-paid shipping label are charged a fee for sales that results in an item being shipped. The seller may cancel an accepted offer up until the package is initially scanned for mailing.
Buyers who have requested items be shipped to them pay for the cost of shipping items. When a seller accepts a buyer's offer to purchase an item and have it shipped to them, OfferUp will charge or put a hold on the buyer's method of payment, pending delivery of the item. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer.
OfferUp is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Policy, OfferUp is not liable for any losses, damages, or delays related to shipping.
You agree not to use the OfferUp shipping service in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. Without limiting the forgoing, you may not ship any item that contains weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. Anyone who ships a prohibited, illegal, or improperly packaged or labeled material is subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
5. TruYou Feature
The TruYou badge indicates only that a user has provided OfferUp with the requested documentation. THE TRUYOU BADGE DOES NOT DESIGNATE, AND WE DO NOT REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER WITH A TRUYOU BADGE IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US, OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK OR OTHERWISE MAKE AN ASSESSMENT OF A USER'S INTEGRITY OR CHARACTER.
6. User Consent
Our Services allow you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, "User Content"). Except for the license you grant below, you retain all rights in and to your User Content, as between you and OfferUp.
You grant OfferUp a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user's name, likeness, or identity in connection with the OfferUp Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. OfferUp uses third parties to provide services such as user verification and the OfferUp Payment Solution. When You provide User Content in connection with these third party tools, You may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the OfferUp Services any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Is, in OfferUp's judgment, disrespectful, inappropriate, or may expose OfferUp, our users or others to harm or liability;
- May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- Includes any statements or claims that do not reflect your honest views and experiences;
- Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
- Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
- Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
OfferUp assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although OfferUp has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
7. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Sell, resell or commercially use the OfferUp Services except as expressly permitted by us;
- Sell or offer for anything that violates our Prohibited Items Guidelines;
- Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
- Provide false, inaccurate or misleading information to OfferUp or our service providers, including when registering for an OfferUp account, applying for the TruYou badge or using the OfferUp Payment Solution;
- Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Develop or use any third-party applications that interact with the OfferUp Services without OfferUp's prior written consent;
- Use any type of automated means to utilize the OfferUp Services or to collect or extract data from OfferUp, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by OfferUp; or
- Use the OfferUp Services to infringe or violate the intellectual property rights or any other rights of anyone else (including OfferUp).
You will establish and use your OfferUp account only in accordance with any guidelines issued by OfferUp. Without limiting the forgoing, you will not:
- Create more than one account;
- Transfer your account to another user;
- Attempt to obtain the password, account information, or other security information of another user; or
- Attempt to use another user's account without authorization from that user and OfferUp.
If you engage in any of the conduct described above or similar conduct, OfferUp may suspend or terminate your right to access the Services. Enforcement of this Section 7 is solely at OfferUp's discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
8. Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by OfferUp or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license ("License") to access and use our Services.
9. Suspension; Termination
OfferUp may revoke or terminate your License to access or use the OfferUp Services for any reason without notice at OfferUp's sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the OfferUp Services, or any other OfferUp product or service, or (iii) use the OfferUp Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the OfferUp Services immediately if OfferUp suspends or terminates your License to access or use the OfferUp Services. OfferUp reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the OfferUp Services during suspension or after termination. OfferUp may recover its reasonable attorneys' fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access or use the OfferUp Services is suspended and after it is terminated.
OfferUp, offerup.com, Buy.Sell.Simple., the “Tag” logo, and the “O” logo, are registered trademarks of OfferUp Inc. and may not be copied, imitated or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the OfferUp Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about OfferUp or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the OfferUp Services by using the Feedback in OfferUp's sole discretion. You understand that OfferUp may treat Feedback as nonconfidential.
12. Copyright & Intellectual Property Complaints
You may report alleged intellectual property rights violations or counterfeit items to OfferUp through our Intellectual Property Report Form.
Furthermore, in accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify OfferUp's designated agent as follows:
Designated Agent: OfferUp Copyright Agent
Address: 1100 Bellevue Way NE
Suite 8(A), #57
Bellevue, Washington 98004
E-Mail Address: [email protected]
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to OfferUp for certain costs and damages.
13. Third Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, "Third-Party Content"). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. OfferUp does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless OfferUp and our subsidiaries and affiliates and our officers, directors, agents, partners and employees (individually and collectively, the "OfferUp Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify the OfferUp Parties of any third-party Claims, cooperate with the OfferUp Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the OfferUp Parties will have control of the defense or settlement, at OfferUp's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and OfferUp or the other OfferUp Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, OfferUp does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
16. Limitation of Liability
To the fullest extent permitted by applicable law, OfferUp and the other OfferUp Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if OfferUp or the other OfferUp Parties have been advised of the possibility of such damages.
The total liability of OfferUp and the other OfferUp Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to OfferUp in the 12 months preceding the event that gave rise to the claim.
The limitations set forth in this Section 16 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of OfferUp or the other OfferUp Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17. Assumption of Risk
A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 5). YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH OFFERUP'S SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).
B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED AREAS; HOWEVER, OFFERUP DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN SECTIONS 15-18 OF THESE TERMS.
To the fullest extent permitted by applicable law, you release OfferUp and the other OfferUp Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
19. Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
20. Guidelines for Law Enforcement Agency
If you are a law enforcement agency, we may work with you to assist in on-going matters related to alleged violations of the law, please visit this page for more information.
21. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with OfferUp and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and OfferUp agree that any dispute arising out of or related to these Terms or our Services is personal to you and OfferUp, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. The limitations imposed by this section apply to, but are in no way limited to, class action refund claims brought by a class of taxpayers against OfferUp related to taxes collected and remitted in good faith efforts at compliance with state and local marketplace facilitator or marketplace provider laws. Nothing in this section will be construed to prohibit a buyer from filing a refund claim with the seller or applicable state and local tax authority as permitted by law.
Arbitration of Disputes. Except for small claims disputes in which you or OfferUp seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or OfferUp seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and OfferUp waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against OfferUp or relating in any way to the Services, you agree to first contact OfferUp and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to OfferUp by email at [email protected] or by certified mail addressed to OfferUp Inc., Attn: OfferUp Designated Agent, 1100 Bellevue Way NE, Suite 8(A), #57, Bellevue, Washington 98004.
The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for an OfferUp account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and OfferUp cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 21, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000. You and OfferUp agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and OfferUp agree that these Terms affect interstate commerce and that the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, OfferUp, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and OfferUp agree that for any arbitration you initiate, you will pay the filing fee and OfferUp will pay the remaining JAMS fees and costs. For any arbitration initiated by OfferUp, OfferUp will pay all JAMS fees and costs. You and OfferUp agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and OfferUp will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 21 by emailing OfferUp at [email protected]
In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 23.
If any portion of this Section 21 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 21 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 21 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 21 will be enforceable. If you are a consumer, the provisions of this Section 21 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.
22. Onfido Dispute Resolution and Binding Arbitration
This Section 22 only applies if you use the TruYou verification service provided by Onfido. Pursuant to Section 13 of the Onfido Terms of Service, you and Onfido agree to arbitrate all past, present, and future claims between you and Onfido, in your respective individual capacities only, that relate in any way whatsoever to your use of the OfferUp Service, including, but not limited to, your use of the TruYou feature and/or any of Onfido’s products or services. No claims between you and Onfido may be asserted on a class, collective, or representative basis or otherwise joined with the claims of anyone else. By agreeing to arbitration with Onfido, you will not be able to participate as a class member or recover monetary or other relief in any class action suit that is currently pending or that may be filed in the future, including but not limited to any class action suits relating in any way to your use of the TruYou verification service provided by Onfido. You either acknowledge and agree that you have read and understand the Onfido Terms of Service, or waive your opportunity to read the Onfido Terms of Service and waive any claim that the Onfido Terms of Service are unfair or should not apply for any reason. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 22 by emailing OfferUp at [email protected]
23. Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
24. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of OfferUp to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. OfferUp is an independent contractor for all purposes and is not your agent or trustee. You are not an agent of OfferUp.
26. Supplemental Terms
The following supplemental terms and conditions ("Supplemental Terms") are incorporated into these Terms and apply to any use by you of the following Services: