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:
- Violate any laws, third party rights, or our policies
such as the Prohibited and Restricted Items policies;
- Use the Site if you are not able to form a legally binding
contracts, are under the age of 18, or are temporarily
or indefinitely suspended from our site
- Fail to deliver payment for items purchased by you,
unless the seller has materially changed the item’s description
after you bid, a clear typographical error is made, or you
cannot authenticate the seller’s identity;
- Fail to deliver items purchased from you, unless the
buyer fails to met the posted terms, or you cannot
authenticate the buyer’s identity
- Manipulate the price of any item or interfere with
other user’s listings
- Circumvent or manipulate TUGS fee structure, the billing
process, or fees owed to
TUGS
- Post false, inaccurate, misleading defamatory, OR LIBELOUS
CONTENT (INCLUDING PERSONAL INFORMATION)
Seller’s Agreement
By using this site, Seller agrees and acknowledge
the following:
- TUGS will at all time have complete control of all merchandise
- Vendors will be charged a reasonable service fee on all
items posted on the site and a final commission on
all sold items for use of the Site.
- Seller must have a valid email address with which to correspond
- All items sold will be pre-approved by TUGS before posted
for sell
- Payment to participants will be mailed (5) days after
Buyers credit transaction has cleared
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:
- I am at least 18 years of age (19 in AL and NE)
- Participants must comply with one or more of the payment
options utilized by TUGS
- Buyer must have a valid email address with which to correspond
- By using the credit card given I agree to pay all charges
associated with any purchase I make and acknowledge
that I have not authorized any other person (s) to use my
card. Participants must be in good standing with their credit
card company
- I have read and agree to all the terms in this Agreement
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.