Updated: May 1, 2018
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ("TERMS") ON WHICH QUISELL INTERNATIONAL LTD, A OFFERS YOU ACCESS TO OUR SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY.
Welcome to Quisell. Quisell is an exciting new and easy-to-use marketplace to buy and sell goods in a negotiation format - "A place to buy, sell & trade". Our service is based upon trust, and these Terms help to promote trust among you and other users of .Quisell
As a condition of your participation in the Quisell services (the "Services"), you (hereinafter "You" or "User") agree to abide by the Terms of this User Agreement ("Agreement").
By accessing the pages or the information contained on the Quisell web site located at https://www.quisell.com ("the Site") through any device or service, or by using the Service in any manner, You agree to be bound by the following Terms. You may review this Agreement at any time by clicking on the User Agreement link at the bottom of any page.
2. Membership / Access Eligibility: Our Service is available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of Quisell. If You do not qualify, please do not use our Services. Additionally, Quisell reserves the right to refuse access to, or use of our Site to anyone, at anytime, in its sole discretion.
3. Registration / Your Account: You may browse the Site for free and without registering. However, You must register on the Site ("Registration") to use our Services. During Registration You will be asked to provide information such as Your name, address, telephone number and email address. You will also be asked to create an account consisting of a User ID and password ("Your Account") to identify yourself in future visits to the Site. It is YOUR responsibility to maintain the confidentiality of Your User ID and password and You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party.
4. Fees and Charges: Joining Quisell and making offers on items are free; however, Quisell charges fees for various Services offered through our Site.
Fees and Credits Policy: Our Fees and Credits Policy ("Fee Policy") is available at https://www.quisell.com/info/fees_and_credit_policy and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree that You are responsible for paying all fees, including any and all applicable sales, income, excise, import, export, VAT and other taxes or duties associated with using our Service and the Site.
Credit Card Policy: For verification purposes Quisell requires sellers to have a valid credit card on file.
Credit Card Billing: From time to time Quisell may offer Services on the Site that require payment by credit card. will not charge Your credit card unless You conduct an activity on our Site that has a fee associated with it. Before incurring fees, You will have an opportunity to review and accept the fees that You will be charged for the use of our Services. By agreeing to a transaction with a fee, You authorize us to charge your credit card or otherwise bill Your Account for such fees: https://www.quisell.com/entries/show/31110?type=selling
Processing Fees: Certain purchases made through Quisell may be subject to subject to a non-refundable per item processing fee. Some banks and credit cards also impose fees for international transactions. If you are making an international purchase, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign processing fee may be assessed by banks outside your territory. If you have questions about these international transaction fees or the exchange rate applied, please contact your credit card company.
We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service. We may also choose to temporarily lower the fees for our Services for promotional events (for example, free listing days), and such changes are effective when we post information about the promotional event on the Site. Additionally, we may change our Fee Policy and the fees for our Services at any time and in our sole discretion. Except for the foregoing fee changes, our changes to the Fees Policy are effective after we post the changes on our Announcement Board.
5. Quisell is only a Venue: Our Site acts as an open marketplace for users to buy, sell and negotiate the purchase and sale of goods with other users. Quisell only provides a service and is not involved in any transaction between buyers and sellers who use our Site. There are risks that You assume when dealing with foreign nationals or those who may be acting under false pretenses. You agree that all of these risks are borne by You, and not Quisell. Quisell does not control the behavior of users on the Site or the information provided by other users that is made available through our Site. As a result, Quisell does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally Quisell does not guarantee the ability or intent of users to fulfill their obligations in any transactions.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE!
6. Safe Trading: Because user authentication on the Internet is difficult, Quisell cannot and does not confirm each user’s purported identity. Thus, we have established a feedback system to help You evaluate the user with whom You are dealing. We also encourage You to communicate directly with potential buyers or sellers through the features available on our Site.
7. Listing Restrictions: Quisell prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, but not limited to, items listed in our Prohibited Items Policy available at https://www.quisell.com/info/listing_policy, which is incorporated herein by this reference. In addition, Quisell may require members to be registered for at least 48 hour before listing certain items on its site, including without limitation, handbags, bags, clutches, shoulder bags, shopping bags, hobos, bowling bags, cross body bags, pouches, bugattis, sling bags, totes, wallets, purses, designer bags, satchels, messenger bags, padlock bags and hand bags. Furthermore, You may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions.
8. Selling: You must have the legal authority to sell the goods that You are listing for sale on our Site. You must describe Your item and all terms of sale in Your listing. If You accept an offer, You are obligated to complete the transaction with the other party unless (i) the transaction is prohibited by law or this Agreement, or (ii) the buyer materially modifies the terms and conditions of the buyer’s offer. You are also responsible for payment of the transaction fee as set forth in the Fee Policy. An offer to sell may be retracted at any time prior to its acceptance. Please refer to our Non-Paying Buyer guidelines available at https://www.quisell.com/info/fees_and_credit_policy for more information.
9. Buying: If You make an offer and the offer is accepted (or You use our Buy It feature), You are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless (i) the transaction is prohibited by law or this Agreement, (ii) the seller materially changes the item’s description or the item does not conform to the seller’s description, or (iii) a typographical error exists in the listing information which materially affects the terms of sale. An offer to buy may be retracted for any reason at any time prior to acceptance by the seller.
10. User Information: "User Information" is defined as any and all information or data You provide to Quisell or other users during the Registration, offer, sale or user ranking process, and through any interactive feature of the system, including email. You represent and warrant that Your User Information (i) is not false, inaccurate, incomplete or misleading; (ii) is not fraudulent and does not involve the sale of counterfeit or stolen items; (iii) does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (v) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (vi) is not obscene and does not contain child pornography; (vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) does not create liability for Quisell nor cause Quisell to lose (in whole or in part) the services of our ISPs or other suppliers; and (ix) does not link directly or indirectly to another web site. You agree not to make use of any other user’s User Information other than as necessary to complete any transactions in which You and the subject of the User Information are involved.
12. Use Restrictions: Our Services may be used only for lawful purposes. Transmission, posting, distribution or storage of material or conduct in violation of any applicable local, state, provincial, federal or foreign law or regulation is strictly prohibited. This includes without limitation any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right, material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity or violates export control laws. You agree to comply with any applicable laws, statutes, ordinances and regulations ("Laws") regarding Your use of the Site and our Services and the contractual obligations related to your buying and selling activities. You agree not to use the Site in any manner that violates, or proposes a transaction which, if consummated, would violate any Laws, expose Quisell to civil or criminal liability, or violates this Agreement. You agree that You are solely responsible for obtaining all necessary licenses and permissions necessary for Your transactions and for verifying that other Site users with whom You transact do the same. You agree that You will not use any information on our Site or any information You learn about any buyer, seller or other user for any purpose whatsoever beyond those necessary to complete transactions on our Site. Any action designed to undermine the system and to alter Your user profile or the profiles of others is strictly prohibited. You further agree that you will not use any robot, spider or other automated device, process or means to access the Site, and that you will not otherwise engage in any copying of the Site for any commercial purpose
Compliance with Intellectual Property and Rights of Publicity Laws: You agree not to link to any third party’s web site or any file or data on a third party web site without that third party’s permission. You agree that You will not use any automatic or manual process to monitor or copy any portion of the Site without Quisell ’s prior written permission. You agree not to use the Site in any manner which violates, or proposes a transaction which, if consummated, would violate the trademark, copyright, patent, trade secret, trade dress, publicity or privacy rights or other proprietary rights of Quisell or any third party. When accessing the Site or using Quisell’s services, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to applicable U.S. and International law regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information, content, goods or merchandise in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any information, content, goods or merchandise You provide, transmit, distribute or sell, or that is provided, transmitted, distributed or sold using Your User ID. The sale of unauthorized, counterfeit or replica products is prohibited, and the use of a third party’s trademark in connection with non-genuine goods is prohibited. The burden of proving that any User Content does not violate any laws or their party rights rests solely with You. If You are identified as selling unauthorized goods, Quisell reserves the right to disclose Your identity and contact information ( including any aliases or alternate IDs or email addresses that You may have previously used) and credit card information, upon request of the intellectual property rights owner, and to assist in any prosecution. This disclosure may be made without notice to You. Quisell’s Copyright Policy is available at https://www.quisell.com/info/copyright_policy and is expressly incorporated into this Agreement by this reference.
15. Misuse of the Site:Quisell may investigate reports of abuse or misuse and, if appropriate, limit or prohibit Your use of the Site or modify Your user profile to reflect its determinations. You agree that Quisell may access Your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized use of the Site. Quisell does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Quisell reserves the right to terminate Your account or Your access to the site immediately, with or without notice to You, if Quisell believes You have violated any of the Terms herein, furnished Quisell with false or misleading information, or interfered with use of the Site by others. All determinations are final and are made at Quisell’s sole discretion. In agreeing to these Terms, You agree to participate in investigations and be bound by Quisell’s determinations. If Quisell, in its sole discretion, determines that a violation of this Agreement has occurred, or if Quisell believes that Your actions may cause legal liability for You, our users or us, Quisell may take any actions or pursue any legal remedies that it believes are necessary or prudent, including, but not limited to, issuing a warning, filing a complaint, deleting any listings, advertisements or offending material from our Site, suspending or canceling Your Account, releasing User Information, filing a report with the appropriate authorities and/or excluding any person(s) who may have violated any Terms of this Agreement. Quisell may cooperate with any investigation by any Federal, State, or local body or any court or tribunal. Such cooperation may be with or without notice to You. Quisell will take each reported account into consideration during the investigation process before making a decision. In the event of any suspension or cancellation of Your account due to the violation of Quisell’s Terms, You shall remain liable for Your outstanding account balance (including, but not limited to, final value fees) arising from Your previous use of the Site, and all such fees shall become immediately due and payable.
16. Right to Manage the Website: Quisell reserves the right but does not have the obligation to: (a) monitor the website for violations of this Agreement; (b) take appropriate legal action against anyone who, in Quisell’s sole discretion, violates this Agreement, including without limitation, reporting You to law enforcement authorities; (c) in Quisell’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s listing or other offending material or any portion thereof that may violate these Terms or any Quisell policy; (d) in Quisell’s sole discretion and without limitation, notice or liability to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Quisell’s systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the Site in a manner designed to protect the rights and property of Quisell and others and to facilitate the proper functioning of the Site.
17. Right to Terminate Users: WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, QUISELL RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
18. Use of Software: Quisell may make certain software available to You from the Site. If You download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed licensed to You by ,Quisell for Your personal, noncommercial, home use only. Such download does not transfer either the title or the intellectual property rights to the Software, and Quisell retains full and complete title to the Software as well as all intellectual property rights therein. You shall not sell, redistribute, or reproduce the Software, nor shall You decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Quisell or its licensors and You shall not copy or use them in any manner.
19. DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT OF THE LAW. QUISELL, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You.
QUISELL MAKES NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL OTHER PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THOUGH THE SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. QUISELL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QUISELL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUISELL OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
20. LIMITATION OF LIABILITY: IN NO EVENT SHALL QUISELL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO DAMAGES FOR NEGLIGENCE OR FOR CAUSE), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, RESULTING FROM OR IN CONNECTION WITH (I) OUR SITE, SERVICES OR THIS AGREEMENT, (II) THE RECEIPT OF DATA, INFORMATION OR MESSAGES, (III) TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, EVEN IF QUISELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QUISELL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUISELL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUISELL FOR QUISELL’S SERVICES DURING THE TERM OF YOUR USE OF THE SITE. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the foregoing above may not apply to You.
21. Affiliated Sites: Quisell has no control over, and no liability for any third party websites or materials. Quisell may work with a number of affiliates whose Internet sites may be linked with the Site. Because neither Quisell nor the Site has control over the content and performance of these partner and affiliate sites, Quisell makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Quisell assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with Your use of the Site, You may have access to content (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Quisell makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content.
22. Prohibited Uses: Quisell imposes certain restrictions on Your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (i) accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Quisell in providing the Site. Any violation of system or network security may subject You to civil and/or criminal liability.
23. Force Majeure: Quisell will not be liable for failing to perform under these Terms by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Quisell to perform, fire, terrorism, natural disaster or war.
24. Your Indemnity: You agree to indemnify and hold Quisell and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Site and/or any activities conducted under Your Account in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth herein, and/or if any content posted to the Site, any transactions with other Site users, any failure to deliver goods or payment to other Site users, or any infringement of a third party’s intellectual property or other rights, causes Quisell to be liable to another.
25. Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that You have a dispute with one or more users, You release Quisell and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code Section 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 this release, which if known by him must have materially affected his settlement with the debtor.”
26. Disputes Between Users: You are solely responsible for Your conduct. Quisell reserves the right, but has no obligation, to monitor disputes between You and other users of the Site.
27. Arbitration of Disputes: The parties mutually agree to submit all disputes relating to this Agreement, the Service or the Site to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association with the arbitration to take place in Burbank, California. The parties agree that any claim or cause of action arising out of or related to use of the Service or Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You and Quisell further agree that either party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative or private attorney general action or proceeding. The language of the arbitration shall be English. Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. Judgment on the award may be entered in any court having jurisdiction. If a court of law declines to enforce any of this paragraph's limitations with respect to a specific cause of action, then that cause of action may be brought in court, subject to the parties’ right to appeal the court's decision, with all other claims remaining subject to arbitration. If this agreement to arbitrate is found not to apply to a particular claim or dispute, the parties consent to the personal jurisdiction and venue of the state and federal courts located in San Francisco, California, and these Terms will be interpreted exclusively under California law for the purpose of litigating all such claims or disputes.
28. Copyright: All contents of Site are: Copyright © 2018 QUISELL INTERNATIONAL TLD . All rights reserved.
29. No License: Nothing contained on the Site should be understood as granting You a license to use any of the trademarks, service marks, or logos owned by Quisell or by any third party.
30. Notice: Any notices given pursuant to this Agreement that are directed to Quisell shall be given by postal mail to: Quisell International Ltd, Attn: Legal. Any notice from Quisell that is directed to You shall be delivered to the mailing address or email address that we have on record for You. Notice shall be deemed given twenty four (24) hours after email is sent, unless Quisell is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. Quisell may also give notice of changes to these Terms or other matters related to Quisell by displaying notices to Users on the Site.
31. General: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles, as if formed by between California residents. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Quisell’s 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. You and Quisell are independent contractors. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Sections 4 (Fees and Charges), 11 (Limited License), 19 (Disclaimer of Warranties), 20 (Limitation of Liability), 24 (Your Indemnity), 25 (Release), 27 (Arbitration of Disputes), 30 (Notice) and 31 (General) shall survive any expiration or termination of this Agreement.
Additional Terms: The following policies are incorporated herein by reference:
Our Prohibited Items & Listing Policy is available at https://www.quisell.com/info/listing_policy. We may change our Prohibited Items and Listing Policy from time to time and our changes are effective after we provide notice of the changes by posting the changes on the Announcements Board.
Our Copyright Policy is available at https://www.quisell.com/info/copyright_policy.
To find out information regarding listing of recalled and banned items, please visit our Recalled Items page.
To learn more information visit the CPSC Profile page on Quisell.