Terms and Conditions
The Upscale Garage Sale

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITONS RELATING TO YOUR USE OF THIS SITE .

By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If, at any time, you choose not to accept these terms and conditions of use, please do not use this Site.

Scope of Terms and Conditions

These terms and conditions apply to your use of this Site and the services owned or operated by The Upscale Garage Sale (hereafter referred as TUGS throughout this agreement.) only. These terms and conditions do not apply to your use of any other site TUGS Sale may be affiliated or associated with either legally, or professionally. This site also does not apply to your use of unaffiliated sites to which TUGS may have links or is linked to. By using the services on the TUGS website (www. The Upscale Garage Sale.com) and other related sites where these terms and agreement appears you are agreeing to all the terms, including those included here and those included in the Privacy Policy which relates to TUGS or any existing or future subsidiaries or international affiliates of TUGS. If you reside outside of the United States, you are contracting with a company based only in the United States. If you have any questions please contact us through our email address at customersupport@TheUpscaleGarageSale.com or 734-419-7500.

Before purchasing or selling on this site you must read and accept all of the terms and conditions and the Privacy Policy. We strongly recommend that you read these carefully. By using this Site, you agree to be governed by all of the terms and conditions stated here, as well as, in our Privacy Policy Statement.

This Agreement becomes effective December, 2008 upon acceptance for all new and future users.

Restrictions on Use of Materials

The content of this site is protected by copyright and trademark laws and are the property of the owner. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us – and from all other legal entities with an interest in the relevant intellectual property – may you publish, display or commercially exploit any material from the Site.

You may not use any type of automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may interfere with or disrupt the Site, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these terms and conditions. You may not post anything on the Site without prior written approval.

Links

These Terms and Conditions apply to this Site only and to no other sites TUGS may be affiliated with. We are not responsible for the availability of any other site to which TUGS is linked. We do not endorse or take responsibility for the contents advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on this Site. You should direct any concerns to our customer support department.

This Terms and Conditions Agreement is a legally binding agreement between you and The Upscale Garage Sale. If you do not agree to these Terms and Conditions, do not access, browse or use the TUGS Website. TUGS may from time-to-time amend the Terms without notice to you.

A trademark registration is pending on The Upscale Garage Sale name, logo and other relevant and identifiable traits and no use may be made of any of the Site’s features without prior written consent from our Legal Department.

Buyers and Sellers

While using the TUGS site, you agree not to:

Seller’s Agreement

By using this site, Seller agrees and acknowledge the following:

Anyone submitting merchandise for sale on the Site agrees to abide by all the terms and conditions and policies and procedures laid out in the Agreement above as well as the policies laid out in any section related to this Site.

Buyer’s Agreement

As a Buyer on the TUGS site you agree to abide by all the policies and procedures laid out in the Agreement above as well as the policies laid out in this section

By using this site, Buyer agrees to and acknowledge the following:

 

You will be allowed to purchase on this Site as long as you abide by all of the Site’s policies and terms and conditions. Any purchases made through the site will have the protection and support of the site. Such direct purchases do not carry the protection or compensation from TUGS if the item purchased is damaged, lost, or if the Buyer tries to acquire a refund for an item. In this instance.

All transactions at this time are by credit card only and any refund will be credited back to the Buyer’s credit card. No cash refunds will be available.

Account Protection

Your password is the key to your account. Use unique numbers in combination with letters and names. Do not disclose your TUGS password to anyone. If you share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised in anyway, you should immediately notify TUGS and request a change in your password.

If any information needs to be changed in your account we recommend closing that account and opening a new account. Upon your request we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We retain personal information from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and take other actions otherwise permitted by law. Such information however, is kept in strict confidence by TUGS Accounting Department.

All sales transactions at this time are by credit card only. Any returns will receive a credit to their credit card. No cash refunds will be granted

TUGS does not hold money from a Seller in any type of “Protection Account.” If you receive an email to this effect you should always check with TUGS Customer Service, it may be an attempt to defraud you.

Services

Access to the Site is provided to all users free of charge TUGS in its sole discretion, may terminate your right to use the Website for any reason without prior notice to you. You acknowledge and agree that TUGS may immediately bar you further access to the Website. TUGS will not be liable to you or any third party for any termination of your access and/or use of the Website. The Buyer will be charged the amount of all applicable taxes (local, state and federal). If the purchase is tax-exempt, the Buyer must contact the Seller directly and provide an exemption certificate. Any personal property taxes assessable on the item or goods required for delivery shall be borne by the Buyer.

Feedback

Take time to review TUGS’ feedback from other buyers where feedback is available. Feedback often reflects the experiences that other buyers have had when buying from a particular Seller. Buyers should look at the positive and if any, negative feedback directed at the Seller from other Buyers.

Posting Items on TUGS Site

Only those authorized by The Upscale Garage Sale office will post any items for sale on the Site. All items must be accompanied by a photo and truthful description, This applies to new and sed items.

TUGS reserves the right in its sole discretion to not display or to remove any material displayed on the Website which it reasonably believes is unlawful, could subject TUGS to liability violates this Agreement or is otherwise found inappropriate in TUGS opinion. In connection with the foregoing, TUGS may suspend or terminate the Account of any user which it feels is appropriate in its discretion.

Digital Millennium Copyright Act (“DMCA “)

If you believe an item we display reflects your work, or appears to have been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify The Upscale GarageSale (TUGS) for notice of claims of a copyright or other intellectual property infringement at privacy@TheUpscaleGarageSale.com , or by calling 734-419-7500.

Please provide our Agent with the following:

a. Identify the material on the TUGS Site that you claim is infringing, with enough detail so that we may locate it on the Website;
b. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d. Your address, telephone number, and email address; and
e. Your physical or electronic signature

TUGS will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act MDMCA notices should be sent to our designated agent’s mailing address:

General Counsel
The Upscale Garage Sale
33228 W. 12 Mile Road, Suite #153
Farmington Hills, MI 48334
Email privacy@TheUpscaleGarageSale.com
Telephone: 1-734-419-7500

All other inquires will be addressed to:

The Upscale Garage Sale
3685 Fox Avenue
Inkster, MI 48141
Email: customersupport@TheUpscaleGarageSale.com
Telephone: 1-800-

It is our policy to terminate relationships regarding a content with a Seller of any third party who knowingly and repeatedly infringe the copyrights of others.

Disclaimers

THE SERVICES, PRODUCTS AND MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS IS ESPECIALLY TRUE OF ALL ITEMS THAT ARE LISTED AND IDENTIFIED AS ‘USED’ ITEMS. YOU EXPRESSLY UNERSTAND AND AGREE THAT:

PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE IS AT YOUR RISK. THIS WEBSITE IS PROVIDED TO ASSIST IN SELLING PRODUCTSON WITH THE WESITE. ANY PRODUCTS USED WILL BE LABELED “USED” AND NEW PRODUCTS WILL BE LABELED “ NEW ” THE CONDITION OF ALL USED PRODUCTS WILL BE DESCRIBED HONESTY AND TO THE BEST OF OUR ABILITY.

UNDER NO CIRCUMSTANCES, INLCUDING BUT NOT LIMITED TO NEGLIGENCE WILL TUGS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE ITEMS SOLD ON THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Idemnity and Disclaimer

You at your own expense will , indemnify, defend and hold The Upscale Garage Sale (TUGS) our officers, directors, agents and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, auction or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud manipulation, or the breach of this Agreement by you;

(c) any third-party claim, action or allegation brought against TUGS arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services (d) your violation of any law or the rights of a third party or (e) your use of TUGS provision of our services or use of your account by any third party. TUGS will have the right to participate in its defense and hire counsel of its choice. The prevailing party in connection with this Agreement will be entitled to recover from the other party its costs and reasonable attorneys’ fees and other expenses.

Limitation of Liability

ALL USERS AGREE THAT THE UPSCALE GARAGE SALE (TUGS) SHALL NOT BE LIABLE FOR A DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INLCUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA AND OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE.

Resolution of Disputes

We will do our best to resolve any problems or issues that you may have with us, or our services in a satisfactory manner. If, however, we re unable to reach a mutually satisfactory resolution, each of us agree that the resolution will be by either mediation or resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA). If a dispute arises between you and TUGS our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our Customer Support options. We will consider all reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Accordingly, you and TUGS agree that we will resolve any claim or a controversy at law or equity that rises out of the Agreement or our services in accordance with one of the alternatives mentioned above, or otherwise agreed in writing and waive any court litigation.

This Agreement shall be governed in all respects by the laws of the state of Michigan as they apply to agreements entered into and to be performed entirely within Michigan. You agree to submit to the personal jurisdiction of the courts located within Oakland County, Michigan for the purpose of litigating al such claims or disputes.

Arbitration Option – For any claim regardless of the amount in dispute, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration, or mediation In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties much comply with the following rules: a) The arbitration shall be conducted by telephone, online and/or be solely based on written submission, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involved any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of a competent jurisdiction.

Improperly Filed claims – Any claim brought against The Upscale Garage Sale TUGS) must be resolved in accordance with this Resolution of Disputes Section. All claims filed or bought contrary to the Resolution of disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of disputes Section, TUGS may recover attorneys’ fees and court costs up to $1000, provided that TUGS has notified you in writing of the improperly file claim;and you have failed to promptly withdraw the claim.

I agree to all the Terms and Conditions set forth here.

Restrictions On Use Of Materials

The contents of The Upscale Garage Sale (TUGS) Site are protected by copyright and trademark laws and are the property of their owners. You may not copy, publish, display, transmit, copy adapt, or in any way exploit the content of the Site including the log and home page.. Only if you obtain prior written consent from TUGS may you publish, display or commercially exploit any material from the Site.