Điều khoản & Điều kiện

Welcome to eBaydiy. Before using our service, it is important to understand our terms, policies and rules.

Accepting these Terms

This document, our rules, policies and the other documents referenced herein make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and eBaydiy, Inc (“eBaydiy”). This contract sets out your rights and responsibilities when you use eBaydiy and our Service (the “Service” includes the “Website” and the application for your mobile device (the “App”), To access most features of the Service, you must register for an Account with us (an “Account” or a “eBaydiy Account”). Our Service includes all related websites, networks, downloadable software, and other services provided by us and on which a link to the Terms or Help Center are displayed. Please read our Terms completely and carefully.

BY USING OUR SERVICE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.

The Help Center hosts policies such as the list of Prohibited Conduct and Prohibited Items, product guidelines, and answers frequently asked questions (“FAQ”). The Help Center is available on the bottom of the website and as a link under “Support.” It may also be accessed from the side menu of the App.

We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.

Some important introductions for you.

1. Description of the Service

• The Service is an online consumer-to-consumer focused marketplace. We have only one eBaydiy Account type and do not offer specialty products to support businesses or other entity types like non-profits.
• eBaydiy does not sell, purchase any goods itself, take possession of the goods, either for itself or on behalf of Users or others. While eBaydiy may help facilitate transactions, Users that list and sell items through the Service ("Sellers") and Users that purchase items through the Service ("Buyers") are entirely responsible for the sale of goods (referred to herein as “goods”, “products” or “items”) transactions between them, including without limitation the listing of goods and any applicable product warranties. Sellers and Buyers (this means “you”) are collectively referred to herein as “Users” of the Service.
• If you choose to file taxes or operate your eBaydiy Account under another tax entity such as a LLC, sole proprietorship or other entity type, all policies, rules and conditions of use as documented in these Terms and related policies will apply to your eBaydiy account. Only one account per entity or individual is allowed. For the intent and purpose of this document, all definitions (above) will apply to your Account regardless of your entity status outside of our Service.
• eBaydiy provides payment processing services using third party service providers for items listed on its marketplace. Payment options include but are not limited to credit card, debit card, PayPal, Apple Pay, Zip, and Venmo. Sellers may have funds from sales deposited into their designated bank account (“Direct Deposit”) or withdrawn using Instant Pay. eBaydiy does not accept or dispense cash. A payment instrument or bank account can only be registered on one eBaydiy Account at a time.
• eBaydiy is responsible for processing refunds, payment disputes and reversals, and providing customer service in relation to questions related to the Service, but is not and shall not be involved in other disputes between Users. Payment to eBaydiy constitutes a payment to the Seller.
• eBaydiy is also a licensed money services business in the U.S. jurisdictions listed on our Licenses/Disclosures page. Residents of certain states may have rights regarding concerns or complaints with our services; see the Licenses/Disclosures page for more information.
• By accepting these Terms, you acknowledge that you will provide accurate and timely information to eBaydiy to comply with our regulatory requirements in providing services to you. Further, your acceptance of the Terms includes acceptance of our Privacy Policy.

2. Other Terms and Policies Which Apply

eBaydiy is licensed to offer its services in the United States. To have a eBaydiy Account you must reside in the United States. For an individual to have an Account you must be at least 18 years old, or the age of majority in your state of residence.

By using the Service, you agree to comply with the following policies and any additional policies that we may notify you of from time-to-time (“Policies”). These Terms apply to all Users:

• Fees
• Privacy Policy & Privacy Notice
• Prohibited Conduct
• Prohibited Items
• Electronic Communications Policy
• DMCA/Copyright Notification Policy
• Safety Guidelines
• Law Enforcement and Information Requests
• Sales Tax Policy
• Refunds and Returns Policy
• 1099-K Reporting Policy and Disclosure Information

eBaydiy helps people in the U.S. sell, list and transact online to sell and buy goods. The following Terms may apply, depending on how you use our Service. It is important to follow these rules for eBaydiy to evaluate payment processing decisions and the continued use of our Service.

Seller Protection - If you list any items for sale, these additional rules apply to you.

Buyer Protection - If you use our Service to browse or purchase, these additional rules apply to you.

Intellectual Property Owners - If you are a copyright or other intellectual property owner, our DMCA/Copyright Notification Policy outlines how to report listings that you believe infringe your rights.

Law Enforcement and Other Government Agencies Information Requests - If you are contacting us from an authorized law enforcement agency to request information about a User this process applies to you.

3. Your Account with eBaydiy

You’ll need to create an Account with eBaydiy to use most features of our Service. If eBaydiy determines that your use of an Account violates any of our Terms, or is otherwise inappropriate or illegal, eBaydiy may, at its sole discretion, take action, up to and including termination of your Account. If you have previously violated our Terms using another Account, refuse to provide information that we request, or if we are unable to verify the information you provided, you may be ineligible for an Account, and/or your Account may be limited, suspended or closed.

Here are a few rules about Accounts with eBaydiy:

• A User shall not use a eBaydiy Account for money laundering or any illegal purpose or in violation of any law, regulation or provision of these Terms. As a condition for using the Service, we hold all Buyers or Sellers accountable for violations of law, violations of these Terms and all applicable policies.
• You may only register for and maintain one Account per User. Payment instruments and bank accounts can only be registered on one eBaydiy Account at a time; they cannot be shared on multiple eBaydiy Accounts, even if it is a joint account at your financial institution.
• You may be required to provide us with current and accurate information about yourself (such as your name, address, date of birth, Social Security number, and/or a copy of your driver’s license or other government-issued identification) (“User Information”). We may verify your User Information with a third-party vendor. We also may request you to send us additional documents or information to help us verify your identity or ownership of the goods you have listed for sale. It is prohibited to use false information or impersonate another person through your Account.
• If you provide information about a business, such as to comply with a verification request or to complete a W-9 tax reporting form, you may be asked for additional information such as EIN, business address, and/or tax classification filing status in addition to verifying information about yourself and your authority to represent the business or entity(ies).
• If you make purchases, you will be asked to provide information about your Payment Instrument(s). “Payment Instrument(s)” include(s) credit card, debit card, an account hosted elsewhere such as PayPal, a eBaydiy balance resulting from your earnings from prior sales, or another payment method permitted by us. We do not accept cash or check as a payment method. Payment Instruments may be stored with us for future use. We may validate that your Payment Instrument is in good standing with the financial institution/issuer. You agree that the User Information and Payment Instrument information you provide to us is accurate and that you will keep it updated.
• If you complete a sale, you may withdraw your eBaydiy Account Balance to your bank account using Direct Deposit or Instant Pay. It is your responsibility to ensure that your bank account information is entered correctly. We may request additional information to verify your banking details. We may be unable to help you recover money sent to an inaccurate bank account number. We do not dispense cash or issue checks as a method of withdrawal.
• If you utilize our shipping options, it is your responsibility to select the correct weight class for the labels and to provide valid tracking information. You are responsible for any additional fees from the carrier(s) if you select the incorrect weight class or other such actions that result in additional fees.
• You are solely responsible for any activity and listings on your eBaydiy Account.
• You are responsible for ensuring your Account accurately reflects your current User Information including your contact information, such as phone number, email and mailing address. You may be asked to update or verify this information from time to time so eBaydiy may continue to service your account.
• You are responsible for all fees, refund requests, or payment disputes or reversals received by eBaydiy, even after you close your Account. Funds owed to eBaydiy or to others may be removed from your balance or requested via an invoice by eBaydiy to be processed as a payment from you or processed by a collections agency.
• You are responsible for keeping your Account password secure. See Our Safety Guidelines for tips on keeping your Account secure. If you believe your account has been compromised please contact [email protected].

Please visit our Help Center for questions about setting up an Account with eBaydiy.

4. Termination by You

You may terminate your Account with eBaydiy at any time from your Account Settings. You can find more information in the Help Center. After terminating your Account, some of your listing content,completed transaction and payment information may be retained in our records. However, you should save all needed information prior to terminating your Account.

You are still responsible for all fees, shipping overages, chargebacks/payment reversals or refunds received by eBaydiy, even after you close your Account. You remain obligated to help resolve any disputes with other Users that are the result of purchases or sales of goods from you that occurred prior to termination. eBaydiy-issued credits or unused coupons become invalid and expire upon termination of your account.

5. Scope of License

Our Services are licensed, not sold, to you for use only under our Terms. eBaydiy reserves all rights not expressly granted to you. eBaydiy hereby grants you a personal, limited, revocable, non-transferable license to use the App and Website.

You may not modify, alter, reproduce, distribute or make the App or Website available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App or Website.

You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or Website, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or regulation or third party terms), nor attempt to disable or circumvent any security or other technological measure designed to protect the App or Website or any content available through the App or Website.

The Service may include open source software or third party software. Any such software is made available to Users under the terms of the applicable licenses. Please refer to the Help Center for the applicable notices and license terms.

6. Third Party Services and Linked Websites

The Privacy Policy applies to your use of the Service and you consent to the collection and use of your information, including personally identifiable information by eBaydiy. Our Service may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, payment services such as ZIP) that enable you to export information to third party services. You may also need to use a third party’s product or service to use some features of our Service (like a compatible mobile device to use our mobile apps or to purchase a warranty) or use through our implementation of third party buttons (such as "share" buttons). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use and privacy policies. eBaydiy is not a party to those agreements; they are solely between you and the third party.

7. Your Content

Content that you post using our Service must be content you own or have the right to use (so let’s refer to it as “Your Content”). That includes anything you post using our Service (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

• Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
• Permission to Use Your Content. By posting Your Content through our Service, you grant eBaydiy a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help eBaydiy and the community function and grow. That way, we won’t infringe any rights you have to Your Content and we can help promote your listings and/or Account. By posting Your Content, you grant eBaydiy a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Service and to promote eBaydiy, the community or the Service in general, in any formats and through any channels, including across any eBaydiy Service or third-party website or advertising medium.
• Reporting Infringing Content. eBaydiy has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Service. If intellectual property that you own or have rights to has been posted to the Service without your permission and you want it removed, please follow the steps listed in our DMCA/Copyright Notification Policy in the Help Center. If Your Content infringes another person’s intellectual property, we will remove it upon receipt of a valid takedown notice. We will notify you if that happens.
• Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on eBaydiy’s Service (for legal reasons or otherwise). You agree that you will not post any content that is illegal, abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our policies or Terms. You also agree not to post any content that is false, misleading or uses the Service in a manner that is fraudulent or deceptive.

8. Your Use of Our Service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service—subject to these Terms and the following restrictions:

• Don’t Use Our Service to Break the Law. You agree that you will not violate any laws in connection with your use of the Service. This includes any local, state, federal and international laws that may apply to you. It’s your responsibility to obtain any permits or licenses and have proof of ownership or receipts if required or requested by eBaydiy; You may not use eBaydiy to list or sell items that violate any laws, to commit fraud, theft or any other crimes against eBaydiy, another eBaydiy User or a third party. You may not use eBaydiy shipping labels to send or transmit items that are illegal or prohibited to ship. Please review our Prohibited Items and Prohibited Conduct
• Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, other harmful computer code, or any activity that provides an excessive burden on the Services, or otherwise negatively affects the enjoyment of the Services by other Users.
• Agreement to Receive Electronic Communications By using our Service, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
• Items You Purchase. eBaydiy does not manufacture, store or inspect any of the items sold through our Service. We provide the venue; but the items in our marketplaces are produced, listed and sold directly by independent third-party sellers, so eBaydiy cannot and does not make any warranties about items’ quality, safety or legality. Any legal claim related to an item you purchase must be brought directly against the Seller of the item. You release eBaydiy from any claims related to items sold through our Service, including for defective items, misrepresentations by Sellers or items that caused physical injury (like product liability claims). As outlined in eBaydiy’s Authenticate Terms and Conditions, Authenticate provides the means to have an item reviewed for standards of conformity by a third party and does not create a separate warranty or guarantee of items sold by the Seller.
• Content You Access. You may come across materials that you find offensive or inappropriate while using our Service. eBaydiy is not responsible for the decency, accuracy, or legality of content posted by Users that you accessed through the Service. You release us from all liability relating to that content. You may report content that you believe violates eBaydiy’s Policies for our review.
• People You Interact With. You can use the Service to interact with other individuals. However, you understand that we do not screen Users of our Services beyond verification of specific data, and you release us from all liability relating to your interactions with other Users. You may report Users who you believe are engaging in Prohibited Conduct, in the Help Center so we may review their Account. Please also follow our Safety Guidelines in all interactions with Users.
• Account Limitations. At its sole discretion, eBaydiy may place limits or restrictions on your use of our Service due to activity with your account, insufficient verification of User information or to enforce a regulatory limit. You may be required to complete certain actions on your Account to remove the limitation.
• Other Disclaimers/Warranties.
  • eBaydiy is dedicated to making our Service the best it can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
  • We do not guarantee that the Service will be secure or available at any particular time or location; or that any defects or errors will be corrected; or the results of using the Service will meet all your expectations. We will make reasonable efforts to help ensure that the Service will be free of viruses or other harmful materials and to correct defects once identified.

9. Limitation, Suspension or Termination

eBaydiy reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless otherwise required by law).

We may refuse service to anyone and may terminate or suspend your Account (and any related Accounts) and your access to the Service in whole or in part at any time, for any reason, without notice unless required by law. For example, eBaydiy will promptly terminate without notice the Accounts of Users who are determined by eBaydiy to be repeat offenders.

If we terminate, limit or suspend your Account or access to our Service:

• You don’t have a contractual or legal right to continue to use our Service, for example, to sell or buy on our Websites or Apps. We will not be liable to you for the effect that any changes to the Service may have on you, including your income or your ability to generate revenue through the Service.
• You remain responsible for fees, shipping fees, payment disputes/funds reversals, returns or refunds requested and remain obligated to resolve any disputes with other Users that are a result of purchases or sales of goods occurring prior to termination/suspension.
• We may require Users to verify information including but not limited to identity, financial or contact information. eBaydiy may refuse a User access to or suspend a User from all or part of the Service until the completion of such verification, including placing holds on your eBaydiy Account balance.
• If there is an issue with your Account or listings, your Account balance may be held for up to 90 days. You may be required to provide additional information regarding your Account usage, your identity, your listings or your transactions to release the holds on these funds. The holding period may be extended up to 180 days as a result of our determination of added payment risk or repeated violations of our Terms. Funds for illegal or prohibited activity or items will not be released to you.
• Funds may be held for up to 180 days to seek reimbursement from a Seller in any of the following circumstances, when: (a) we provide a refund to a Buyer because a User did not deliver the goods or we otherwise determine that a refund is warranted; (b) we discover erroneous or duplicate transactions; (c) we receive a payment dispute or reversal from a Buyer's Payment Instrument issuer for the amount of a Buyer's purchase from a Seller; or (d) a User violates these Terms or other policies.
• We may obtain reimbursement of any amounts owed by a User to eBaydiy by deducting from future payments owed to the User, reducing any balance from the User’s eBaydiy Account, charging any of the User's Payment Instrument(s) on file, or seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services. You authorize us to use any or all of these methods to seek reimbursement.
• eBaydiy will make refunds or other payments owed to you, as required by applicable law or regulation.
• Accounts that are abandoned or balances that are unclaimed are subject to state abandoned property regulations.

10. Buying and Selling Generally

Prohibited Transactions. When buying a product using the Service, in addition to the limitations in our Prohibited Items and Prohibited Conduct policies, Buyers also must not place orders without the intent to purchase, or place any order that is determined by eBaydiy to be fraudulent or illegal. You agree that the Service may only be used for bona fide purchases of goods, and may not be used to transfer money between a Buyer and Seller that is unrelated to a purchase of goods.

A Seller shall not purchase a product they themselves have listed on a separate Account. A Seller who wishes to withdraw or remove a listing must do so per the procedures specified in the Help Center.

Sales Contract. A sales contract for a product is formed with the Seller when the Buyer completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Buyer. The Seller and the Buyer may not assign to a third party, provide as security, or otherwise dispose of their rights and obligations arising under such sales contract.

eBaydiy’s Role. Users agree that eBaydiy and its payment processor act as agents for the User in processing payments for purchases. A Buyer’s obligation to a Seller for the purchase price shall be deemed satisfied upon receipt by eBaydiy of the purchase price (except for Buyer’s obligations in the event of a payment dispute or reversal) and rating.

Once a product has been received by a Buyer, the Buyer shall promptly rate the Seller. Once the Buyer has rated the Seller, the Seller shall promptly rate the Buyer. Ratings need to be provided by the Buyer and the Seller in order for the Seller to receive their earnings. If the Buyer does not rate the Seller by the designated time, a rating will be assigned to the Seller to avoid delay in payment completion. This automated rating releases the payment to the Seller.

Settlement to Sellers. When ratings by both a Buyer and a Seller are complete, eBaydiy and its designated payment processor will process the payment to Seller. eBaydiy will make commercially reasonable efforts to credit Seller’s earnings balance with eBaydiy within ten (10) business days of receipt of the settled payment proceeds. eBaydiy shall initiate the transfer of balance earnings to Seller’s bank account at Seller’s request using Direct Deposit or Instant Pay. eBaydiy may request additional User Information to help ensure the transfer and purchase is secure, and may retain the earnings until User Information has been verified.

For more information on buying and selling please refer to our Help Center.

11. Fees Generally

Transaction Fees. The fees that we charge Users for the use of our Services are listed on our Fees page. We may change our fees from time to time by posting the changes on the eBaydiy site in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

Taxes. Taxes. When you purchase an item, taxes may apply to your purchase. Such taxes may vary depending on various factors, including: (i) the price of the item, (ii) the nature and character of the item, (iii) and the delivery location of the item. Applicable taxes will be displayed to Buyers before commitment to purchase. See eBaydiy’s Sales Tax Policy for additional information.

12. Payments

eBaydiy processes transactions on behalf of the Seller, and Buyer authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Buyer’s Payment Instrument on file. Payments made in connection with the Service shall be made through eBaydiy using its payments processing providers.

Purchases made by the User’s Payment Instrument through the Service are subject to the terms and conditions between Buyer and the issuer (bank) of the Payment Instrument.

By agreeing to these Terms, you authorize eBaydiy and/or its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or if you incur additional fees or amounts owed to eBaydiy for the Service(s). All associated fees will be shown on the purchase receipt.

Upon completion of the sale, Seller earnings, minus any applicable charges, will settle in the Sellers account. Fees associated with the sale will be provided on the sales receipt

13. Cancelation of a Transaction; Refunds

Generally, cancelation of a transaction is not permitted once the product has been ordered by a Buyer, except as required by applicable law or regulation. eBaydiy may also cancel a transaction due to potential risk factors, including, but not limited to, precautionary measures that are risk related or to ensure the safety of our platform.

See eBaydiy’s Refunds & Returns Policy for additional information.

14. Redeeming and Using Earnings; Earnings Limitations

After a transaction is complete, the goods have been delivered to the Buyer, and both the Buyer and the Seller have rated the transaction, the Seller may use the earnings balance from the sale to:

• Deposit in their bank account by requesting a Direct Deposit;
• Enroll in Instant Pay and request a direct-to-debit card withdrawal; or
• Use the earnings balance to purchase goods on eBaydiy.

eBaydiy and/or its banks or processors may impose additional limitations on the dollar amount or frequency of bank deposits or use of earnings; these limitations are subject to change without notice. eBaydiy limits Instant Pay to $600 total per month until you meet certain conditions, including completing verification of User Information.

A Seller whose User Information has not been verified and confirmed by eBaydiy may not complete a sale through the Service that would result in an Account earnings balance more than $1,900 (one thousand nine hundred dollars) in any 24 hour period, as calculated by eBaydiy at its discretion. Other account limitations requiring user verification may vary based on state specific requirements, may relate to tax inquiries and/or fraud related issues and may require verification or other documentation before eBaydiy will release earnings. Sellers who successfully verify their identity increase their balance limits and other transactional thresholds on their eBaydiy Account.

15. Transaction Records, Receipts and Customer Service

Receipts may not be issued to Users for payments made or received on the Service, except as required by applicable law or regulation.

Records of your payment transactions through the Service and eBaydiy Account balance transactions will be reflected in your transaction history in your eBaydiy Account. A receipt will also be sent to the email address you provided on your Account. You are responsible for reviewing your payment transaction history to determine if there are any errors or unauthorized transactions, and for immediately alerting eBaydiy via email at [email protected] or by calling the 1-800 number listed on your receipts and eBaydiy Account statements.

It is your obligation to print or save a copy of your transaction history if desired. Please refer to the Electronic Communications Policy for additional information.

In addition to reporting any issues directly to eBaydiy through various contact us options in the Help Center, residents of certain states may have rights regarding concerns or complaints with our payment services. See the Licenses/Disclosures page for more information.

16. No Interest

eBaydiy and its bank do not pay interest to you on earnings or any other funds which are maintained in an Account or otherwise with eBaydiy. You assign to eBaydiy the right to earn interest on earnings or other funds maintained with eBaydiy and its bank, in consideration for your use of the Service.

17. Handling of Credits

A User may earn eBaydiy issued Credits by participating in various campaigns offered through the Service or as otherwise explicitly provided by eBaydiy. "Credits" means credits that can be used solely to purchase eligible products through the Service in accordance with these Terms. The amount of Credits that may be earned and other conditions for earning Credits shall be subject to the applicable Credit campaign rules provided by eBaydiy. To the extent permitted by applicable law or regulation, eBaydiy may change the rules at any time, and may terminate the entire Credits system without any refund or other compensation for existing Credits.

• A User may redeem their Credits to purchase eligible products through the Service at the rate of 1 unit = 1 USD, unless eBaydiy has displayed separate terms of use on the Service, and in which case, such terms shall apply.
• A User will not be able to exchange Credits for cash, property, or any other economic benefits other than for the purchase of eligible products through the Service that are specified by eBaydiy. A User will not be able to transfer Credits to any other User or person. Credits may be refunded in accordance with applicable laws and regulations and displayed by the Service. A User is responsible for any unauthorized use of his or her Credits.
• Credits expire at 11:59 PM Pacific Standard Time 90 days following the date on which the Credits were earned, unless eBaydiy has informed the User of a separate period at or prior to the issuance applicable to particular Credits, then such period shall apply to those Credits. Once expired, Credits will not be reinstated.
• If eBaydiy determines that your usage or earning of Credits violates our Terms or is otherwise inappropriate, eBaydiy may invalidate all the Credits earned by either you or through associated accounts.

18. Handling of Coupons

A User may earn Coupons by participating in various campaigns offered through the Service or as otherwise explicitly provided by eBaydiy. The value that may be earned by using Coupons and/or other conditions of Coupons shall be subject to the applicable campaign rules provided by eBaydiy. To the extent permitted by law or regulation, eBaydiy may change the rules and may terminate the entire Coupons system without any refund or other compensation for existing Coupons and/or Credits earned by using Coupons. "Coupons" means coupons that can be used to earn Credits, and/or to get discounts and/or for other purposes specified in the applicable campaign rules provided by eBaydiy, through the Service in accordance with these Terms.

• A User will not be able to exchange Coupons for cash, property, or any other economic benefits other than for Credits and/or any other benefits through the Service.
• A User will not be able to transfer Coupons to any other User or person.
• eBaydiy will not refund Coupons for any reason whatsoever unless required to do so under applicable laws and regulations. In such a case, the method for refunding the Coupons shall be determined by eBaydiy in accordance with applicable laws and regulations.
• Coupons expire in accordance with the applicable campaign rules provided by eBaydiy. Once expired, Coupons will not be reinstated.

19. Disputes Between Users

Sellers agree to resolve any disputes directly with the Buyer according to our Terms. In the event that a dispute escalates to eBaydiy, we reserve the right to issue a refund to a Buyer if a transaction is found to be in violation of eBaydiy’s Terms. Items that are eligible for a refund will generally require that the item is returned to the Seller unless the item is considered hazardous, illegal or in violation of other policies.

In the event that a Buyer submits a chargeback or other form of request for payment reversal, eBaydiy will respond to the payment network as the merchant of record on behalf of the Seller involved in the transaction. The Seller agrees to provide any information to eBaydiy within five (5) calendar days of the request. eBaydiy reserves the right to recoup funds associated with Buyer chargebacks/payment reversals or refunds through any permissible legal means.

Returns of prohibited items to Sellers are not allowed. Buyers may be eligible for a refund after the goods have been confirmed destroyed. Sellers will not be reimbursed for prohibited items.

If there is a dispute between Users, or between a User and a third party with regard to the Service, the matter shall be resolved by such Users at their own cost. eBaydiy may participate in the dispute at its discretion. After a transaction is processed, eBaydiy is the final arbiter of disputes between Users and eBaydiy shall not bear any liability related to such disputes. Buyer Accounts may be closed for filing a chargeback without first filing a dispute against the Seller through the eBaydiy Help Center, or for filing false chargebacks.

If you have a dispute with one or more Users, you release eBaydiy and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

20. Indemnification; Limitation of Liability

We hope this never happens, but if eBaydiy gets sued because of an action you took using our Service, you agree to indemnify us and assist in defending eBaydiy to the best of your ability. That means you must assist eBaydiy in defending any matter in which you were involved by providing information related to the experience. You must hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that may arise from your actions, your use (or misuse) of our Service, your breach of the Terms, or your Account’s infringement of someone else’s rights.

Liability Limits. To the fullest extent permitted by law, neither eBaydiy, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, actual, indirect, special or punitive damages arising out of or in connection with the Service or these Terms. In no event shall eBaydiy’s aggregate liability for any damages exceed the greater of one hundred ($100) U.S. Dollars or the amount you paid eBaydiy in the past twelve months for use of the Service.

Indemnity. You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify eBaydiy from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the Service; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

Disclaimer of Warranties. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. eBaydiy DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

eBaydiy IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. eBaydiy HAS NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL.

Limitation of Liability. IN NO EVENT WILL eBaydiy BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eBaydiy HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS EXPRESSLY PROVIDED IN THE FOLLOWING PARAGRAPH, YOU AGREE THAT THE AGGREGATE LIABILITY OF eBaydiy TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (I) THE AMOUNT YOU HAVE PAID TO eBaydiy FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM; OR (II) $100.

FOR ALL CLAIMS ARISING OUT OF OR RELATING TO TRANSFERS OF FUNDS FROM YOUR eBaydiy ACCOUNT BALANCE, THE SOLE REMEDY AGAINST eBaydiy SHALL BE LIMITED TO THE AMOUNT OF THE MONEY TO BE TRANSMITTED PLUS FEES AND CHARGES. IN NO EVENT SHALL eBaydiy BE LIABLE FOR DAMAGES FOR DELAY, NON DELIVERY, NONPAYMENT OR UNDERPAYMENT OF A PAYMENT TRANSACTION, WHETHER CAUSED BY AN ACT OR OMISSION OF eBaydiy OR OTHERWISE, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW OR REGULATION.

eBaydiy SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

eBaydiy SHALL HAVE NO LIABILITY FOR SUSPENDING OR TERMINATING YOUR ACCOUNT, RESTRICTING ACCESS TO YOUR ACCOUNT OR BALANCES IN YOUR ACCOUNT, OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE.

eBaydiy SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT PURCHASES OR SALES, THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS, BANK DIRECT DEPOSIT TRANSFERS, OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Force Majeure. eBaydiy shall have no liability for failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action, war or acts of terrorism; acts of nature including earthquakes, fire, flood or other acts of God; pandemics, labor conditions; power failures and/or internet disturbances.

21. Miscellaneous

• These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and eBaydiy.
• The Terms, including the Policies and other documents incorporated by reference herein, supersede any other agreement between you and eBaydiy regarding the Service.
• If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
• Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.
• The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
• You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms, or any of our rights and obligations under the Terms, at any time without consent.

Notice

If eBaydiy determines that there is a need to notify or contact a User, it will do so by sending a text message, email, or letter to the email address or mailing address provided by the User. Alternatively, the notice may be displayed on the App or the website, or by other reasonable means. eBaydiy shall not be liable for any damages incurred due to the fact that eBaydiy’s notice or communication was not received or was delayed.

You may print or download our policies. If you are a California resident, you may also have these Terms sent to you electronically by emailing us a request for these Terms.

Taxes

In general, items purchased by, and shipped to, Buyers in U.S. locations and charges for shipping and other fees may be subject to applicable Transaction Taxes (“Taxes”).Taxes are not included in the listed price for any item(s) listed by Sellers; rather Taxes will be separately stated and added to the order total during checkout, if applicable.

Tax amounts may vary based on a few factors such as the nature of the item(s) purchased, the delivery location and the tax rate in effect at the time of the transaction. The tax rate is a combined rate based on the total state and local rates of the location where the item is delivered. eBaydiy will collect Taxes from Buyers on behalf of Sellers where required, specifically in those states that require marketplaces to collect Taxes on behalf of Sellers. The collected Tax amounts will be reported by eBaydiy and remitted to the appropriate taxing authority on behalf of Sellers. Sellers are responsible for any and all Taxes except to the extent eBaydiy chooses or is required to calculate, collect, report and remit such Transaction Taxes according to applicable law.

If you qualify for an exemption from sales tax, eBaydiy will accept valid tax exemption documentation entitling such exemption holders to purchase on eBaydiy without paying sales tax. Refer to our Sales Tax Policy for information on how to submit your tax exemption documentation.

Alternatively, Buyers may be able to receive a credit for sales tax paid to eBaydiy directly from your state. Please consult a tax advisor or your state Department of Revenue as policies differ for each state.

You hereby agree to comply with any and all applicable tax laws and regulations in connection with your use of the Service, including reporting and payment of any taxes arising from a payment transaction or income received through sales made through the Service. For more information see our Sales Tax Policy.

W-9 and 1099-K Reporting

• eBaydiy may request certain information from you to comply with IRS and state reporting requirements, including but not limited to, completing W-9 taxpayer identification forms and submitting 1099-K sales reports when required to facilitate eBaydiy’s Tax obligations at federal and state levels.
• Depending on the information submitted on the W-9 form, we may request additional information related to you, your business, or your previous submissions to eBaydiy. Failure to provide accurate and timely information may result in limitations being placed on your Account. For more Information see our 1099-K Reporting Policy and Disclosure Information.

Governing Law and Jurisdiction

• These Terms shall be governed and construed under the laws of California. Any dispute that arises between you and eBaydiy that may not be subject to arbitration and shall be submitted to the exclusive jurisdiction of the state and federal courts in San Francisco, California.

Complaint Notices

• If you are a California resident, California Civil Code Section 1789.3 allows you to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

22. Legal Disputes and Use of Arbitration

You and eBaydiy each agree that any and all disputes or claims at law or equity that have arisen or may arise between you and eBaydiy relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Service, any goods sold, offered, or purchased through the Service, or any payments processed for goods sold, offered or purchased through the Service, SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, rather than through other legal proceedings in court, except that you may assert a claim in small claims court, if it meets the criteria for such. Arbitration is more informal than a lawsuit filed in court. It uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. You and eBaydiy agree that the Federal Arbitration Act governs the interpretation and enforcement of this Article.

Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND eBaydiy AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND eBaydiy AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures. The assigned independent arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this or any other applicable Terms or Policies, any part thereof, including, but not limited to, any claim that all or any part of these Terms are void or voidable.

All arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (https://adr.org/consumer) in effect at the time of the filing of the demand for arbitration, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must also send a copy of the completed form to eBaydiy at the following address in order to initiate arbitration proceedings: eBaydiy, Inc. Attn: Legal PO Box 60178, Palo Alto, CA 94306.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same eBaydiy User to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Additional Procedures for Multiple Case Filings. You and eBaydiy agree that these Additional Procedures for Multiple Case Filings (in addition to the Arbitration Procedures above) shall apply if you choose to participate in a Multiple Case Filing. If 25 or more similar disputes (including yours) are asserted against eBaydiy by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution of your dispute might be delayed and ultimately proceed in court. You and eBaydiy agree that as part of these procedures, the parties’ counsel shall meet and confer in good faith in an effort to resolve the disputes, streamline procedures, address the exchange of information, modify the number of disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.

If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your claim from the time that your dispute is first submitted to the AAA until your dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

STAGE ONE: If at least 50 disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for eBaydiy shall each select 25 disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 disputes, all shall proceed individually in Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining disputes (as informed by the adjudications of cases in Stage One), and eBaydiy shall pay the mediator’s fee.

STAGE TWO: If the remaining disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for eBaydiy shall each select 40 disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 80 disputes, all shall proceed individually in Stage Two). No more than five cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and eBaydiy shall pay the mediator’s fee.

Sau khi hoàn tất quá trình hòa giải theo quy định tại Giai đoạn Hai, mỗi tranh chấp còn lại (nếu có) không được giải quyết hoặc không được rút lại sẽ được lựa chọn không tham gia trọng tài và có thể tiến hành tại tòa án có thẩm quyền phù hợp với phần còn lại của các Điều khoản này. Bất chấp những điều nêu trên, luật sư của các bên có thể cùng nhau thỏa thuận bằng văn bản để tiến hành giải quyết một số hoặc toàn bộ các tranh chấp còn lại trong các trọng tài riêng lẻ phù hợp với quy trình được nêu tại Giai đoạn Hai (trừ Tranh chấp sẽ được chọn ngẫu nhiên và hòa giải sẽ được lựa chọn theo thỏa thuận của luật sư) hoặc thông qua một quy trình khác mà cả hai bên cùng đồng ý. Tòa án có thẩm quyền sẽ có thẩm quyền thực thi các Thủ tục bổ sung cho nhiều hồ sơ vụ án, bao gồm quyền ra lệnh cấm nộp hoặc truy tố trọng tài và đánh giá hoặc thu phí trọng tài.

Quy định về Thủ tục bổ sung cho nhiều hồ sơ nộp cùng một vụ kiện và mỗi yêu cầu của quy định này là những phần thiết yếu của thỏa thuận trọng tài này. Nếu sau khi đã kháng cáo hết, một trọng tài viên hoặc tòa án có thẩm quyền quyết định rằng Thủ tục bổ sung cho nhiều hồ sơ nộp cùng một vụ kiện áp dụng cho tranh chấp của bạn và không thể thực thi, thì tranh chấp của bạn sẽ không được tiến hành trọng tài và chỉ được tiến hành tại tòa án có thẩm quyền phù hợp với phần còn lại của các Điều khoản.

Chi phí Trọng tài Việc  thanh toán tất cả các khoản phí nộp đơn, quản lý và trọng tài sẽ được điều chỉnh theo các quy tắc của AAA. Đối với các khiếu nại dưới 10.000 đô la, eBaydiy sẽ hoàn trả cho bạn tất cả các khoản phí trọng tài, bao gồm cả phí nộp đơn ban đầu, nếu bạn được trọng tài viên coi là bên thắng kiện.

Tính khả thi.  Ngoại trừ bất kỳ điều khoản nào trong các Điều khoản này được xác định trong câu tiếp theo, nếu trọng tài viên hoặc tòa án quyết định rằng bất kỳ phần nào trong các Điều khoản này là không hợp lệ hoặc không thể thực thi, thì các phần khác của các Điều khoản này vẫn sẽ được áp dụng. Nếu trọng tài viên hoặc tòa án quyết định rằng bất kỳ điều khoản nào trong Điều 22 này ("Cấm các Hành động Tập thể và Đại diện và Biện pháp Khắc phục Không Cá nhân") hoặc ("Các Thủ tục Bổ sung cho Nhiều Hồ sơ Vụ án") là không hợp lệ hoặc không thể thực thi đối với bạn, thì toàn bộ Điều 22 này sẽ vô hiệu đối với bạn.

Quy trình từ chối

NẾU BẠN LÀ NGƯỜI DÙNG MỚI, BẠN CÓ THỂ CHỌN TỪ CHỐI BÀI VIẾT NÀY ("OPT-OUT") BẰNG CÁCH GỬI CHO CHÚNG TÔI THÔNG BÁO OPT-OUT BẰNG VĂN BẢN ("OPT-OUT NOTICE"). THÔNG BÁO OPT-OUT PHẢI ĐƯỢC ĐÓNG DẤU BƯU ĐIỆN KHÔNG MUỘN HƠN 30 NGÀY SAU NGÀY BẠN CHẤP NHẬN CÁC ĐIỀU KHOẢN LẦN ĐẦU TIÊN. BẠN PHẢI GỬI THÔNG BÁO OPT-OUT ĐẾN eBaydiy, INC., PO BOX 60178, PALO ALTO, CA 94306.

23. Thông báo liên quan đến Apple®

Trong phạm vi bạn sử dụng Ứng dụng của chúng tôi trên thiết bị iOS, bạn thừa nhận và đồng ý với phần này. Bạn thừa nhận rằng các Điều khoản này chỉ giữa bạn và eBaydiy, không phải với Apple và Apple không chịu trách nhiệm về Dịch vụ và nội dung của Dịch vụ. Apple không có bất kỳ nghĩa vụ nào trong việc cung cấp bất kỳ dịch vụ bảo trì và hỗ trợ nào liên quan đến Dịch vụ. Trong trường hợp Dịch vụ không tuân thủ bất kỳ bảo hành nào được áp dụng, bạn có thể thông báo cho Apple và Apple sẽ hoàn lại bất kỳ giá mua nào được áp dụng cho Ứng dụng cho bạn; và, ở mức độ tối đa được luật hiện hành cho phép, Apple không có bất kỳ nghĩa vụ bảo hành nào khác liên quan đến Dịch vụ. Apple không chịu trách nhiệm giải quyết bất kỳ khiếu nại nào của bạn hoặc bất kỳ bên thứ ba nào liên quan đến Dịch vụ hoặc việc bạn sở hữu và/hoặc sử dụng Dịch vụ, bao gồm nhưng không giới hạn ở: (i) khiếu nại về trách nhiệm sản phẩm; (ii) bất kỳ khiếu nại nào cho rằng Dịch vụ không tuân thủ bất kỳ yêu cầu pháp lý hoặc quy định nào được áp dụng; và (iii) các khiếu nại phát sinh theo luật bảo vệ người tiêu dùng hoặc luật tương tự. Apple không chịu trách nhiệm điều tra, bảo vệ, giải quyết và xóa bỏ bất kỳ khiếu nại nào của bên thứ ba rằng Dịch vụ và/hoặc việc bạn sở hữu và sử dụng Ứng dụng vi phạm quyền sở hữu trí tuệ của bên thứ ba đó. Bạn đồng ý tuân thủ mọi điều khoản của bên thứ ba khi sử dụng Dịch vụ. Apple và các công ty con của Apple là bên thứ ba được hưởng lợi từ các Điều khoản này và khi bạn chấp nhận các Điều khoản này, Apple sẽ có quyền (và sẽ được coi là đã chấp nhận quyền) thực thi các Điều khoản này đối với bạn với tư cách là bên thứ ba được hưởng lợi từ các Điều khoản này. Theo đây, bạn tuyên bố và bảo đảm rằng (i) bạn không ở quốc gia chịu lệnh cấm vận của Chính phủ Hoa Kỳ hoặc đã bị Chính phủ Hoa Kỳ chỉ định là quốc gia "hỗ trợ khủng bố"; và (ii) bạn không có tên trong bất kỳ danh sách bên bị cấm hoặc hạn chế nào của Chính phủ Hoa Kỳ.

Cập nhật ngày 27 tháng 3 năm 2024
Cập nhật ngày 18 tháng 9 năm 2023
Cập nhật ngày 29 tháng 8 năm 2023
Cập nhật ngày 1 tháng 5 năm 2023 Cập nhật ngày