Terms of Service

By creating an account, I accept Resold's Terms of Services and Privacy Policy.

Last Modified: November 13, 2018

  1. Your Acceptance.

Welcome to the Terms of Service for Resold.us. This is an agreement (“Agreement”) between Resold, LLC, an Illinois limited liability company (“Company,” “we,” “us,” and “our”), the owner and operator of the www.resold.us web-based application and any associated software, websites, and native applications offered (collectively the “Resold”) and you (“you”, “your” or “user(s)”), a user of Resold. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity's behalf and bind them to the terms herein (in which case, the references to "you", "your", and "user" in this Agreement, except for in this sentence, refer to that organization or entity). By clicking “I agree”, accessing, or using Resold, you agree to be bound by this Agreement, all policies contained within the Resold Rules and Guidelines (https://resold.us/help/rules-and-guidelines), the Privacy Policy, and agree to all practice set forth in our Cookie Policy, all of which are herein incorporated by reference. Resold is only intended for use by United States users and is only intended for use within the United States. If you do not agree to this Agreement, the Resold Rules and Guidelines the Privacy Policy, or Cookie Policy, you are prohibited from and shall immediately cease using Resold. Because we will continue to implement new technologies and improve the features and functionalities provided on Resold, this Agreement, the Resold Rules and Guidelines, the Privacy Policy, and Cookie Policy are subject to change. We reserve the right to change or update this Agreement, the Resold Rules and Guidelines, the Privacy Policy, and Cookie Policy for any reason, without notice and without liability to you or any other participating third-party. Your continued use of Resold after the date any such changes become effective constitutes your acceptance of the new agreement. If you do not agree to abide by the terms of this Agreement or any future agreement, do not use or access (or continue to use or access) Resold. If you use Resold, you are responsible for regularly reviewing this Agreement, the Resold Rules and Guidelines, the Privacy Policy, and Cookie Policy in order to remain informed of our practices and your obligations as you use Resold. This Agreement, the Resold Rules and Guidelines, the Privacy Policy, and Cookie Policy constitute the entire agreement between you and Company as you use Resold and supersede all prior understandings or agreements, written or oral, in this regard. In the case of any conflicts between the aforementioned agreements and policies, this Agreement shall control.


PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. INDICATING ACCEPTANCE BY ACCESSING OR USING RESOLD ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AND COMPANY. IF YOU DO NOT ACCEPT THIS AGREEMENT, THE PRIVACY POLICY, OR COOKIE POLICY, YOU CANNOT USE RESOLD.


In addition, when using certain services, you shall be subject to any additional terms, policies or guidelines applicable to such services that may be posted on Resold from time to time.


  1. Disclaimer of Warranties.

You expressly agree that your use of Resold is at your sole risk. Resold is provided on an 'as is' and 'as available' basis. Company and our members, managers, employees, contractors, joint venturers, as well as its agents, distributors, merchants, or sponsors (collectively, “Company Third-Parties”), cannot and do not warrant that your use of Resold will be uninterrupted, secure or error-free. Neither we nor Company Third-Parties have any responsibility for your action or inaction in connection with Resold or for any damage to your device or data or any other damage you may incur in connection with your use of Resold. Neither we nor the Company Third-Parties warrant the accuracy, integrity, or completeness of the content provided on Resold, or the products or services listed or referenced thereon. We and the Company Third-Parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, title, and non-infringement. No oral or written information or advice given by us or the Company Third-Parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law.


  1. User Information and Accounts.

Users may be required to submit information to us before accessing portions of Resold. Any information collected will be disclosed in accordance with our Privacy Policy and Cookie Policy. All users are required to provide truthful and accurate information when registering for Resold and must be 18 years old at the time of registration or older. We reserve the right to verify all user credentials and to reject any users in our sole and complete discretion.


  1. Mobile Notifications.

Based on the functionality of Resold or your preferences, we may send you mobile notifications or alerts (“Notifications”). The number of Notifications received will vary by alert type and also depends on your location and the settings you choose. You acknowledge and agree that Resold may send you Notifications related to transactions, user messaging, availability, tips, reminders, and alerts and the operation of Resold. Please be aware that Resold along with any Notifications may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to your geo-location when using Resold, the functionality of your mobile provider network, your settings and messaging preferences, and restrictions set by your mobile provider to your account. Neither Company nor its third-party service providers guarantee Notification delivery, completeness, accuracy, or timeliness. Neither Company nor its third-party service providers are responsible for Notifications that are lost or misdirected. If you wish to opt out of any Notifications please adjust your device or browser settings accordingly, or contact us at support@resold.us for assistance.


  1. Third-Party Products and Materials.

Resold enables users to post and browse listings for goods, including second-hand goods (“Products”). Such listings and Products are provided by users, and not by us. WE DO NOT SELL OR OTHERWISE MAKE AVAILABLE ANY PRODUCTS, WE DO NOT BUY OR OTHERWISE ACQUIRE ANY PRODUCTS, AND WE DO NOT FACILITATE THE SALE, PURCHASE, OR TRANSFER OF ANY PRODUCTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS OR PRODUCTS, FOR ANY TRANSACTIONS OR TRANSFERS INVOLVING PRODUCTS, INCLUDING THE SHIPPING OR DELIVERY OF ANY PRODUCTS OR ANY PAYMENTS FOR PRODUCTS, OR FOR ANY DISPUTE BETWEEN USERS RELATING TO ANY SUCH LISTINGS OR PRODUCTS. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING OR OTHERWISE TRANSFERRING ANY PRODUCT, OR MAKING OR RECEIVING PAYMENT FOR ANY PRODUCT. Neither the availability through the Service of any such listing, nor any promotional services that we may make available to the user who posted such listing, implies our endorsement of the listed Product or the provider of such Product, or any affiliation with such provider. We make no representations as to any Products or listings, or any providers of Products. Such information and the availability of any Product are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of any Product. We reserve the right to remove any Product listing for any reason.


You must ensure that you have the necessary authority and permissions to post any Product listing, and to enter into any transaction or make any transfer relating to a Product, including, if you are not of legal age to do so, by obtaining proper parental or guardian consent. The legal age is 18 in most states. You agree that Company does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third-parties and made available through Resold. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through Resold, you agree that you do so at your own risk and that Company will have no liability based on such purchase, use, or access.


Certain Resold functionality may make available access to information, products, services, and other materials made available by third-parties, including listings for products and other submissions (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. We neither control nor endorse, nor are we responsible for, any Third-Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and we may block or disable access to any Third-Party Materials through Resold at any time. In addition, the availability of any Third-Party Materials through Resold does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials.


YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).


  1. Products Purchased Through Resold Provided As-Is and Release of Claims.

The product offerings featured on and purchased through Resold are provided "as is" and "as available." To the maximum extent permitted by applicable law, Company disclaims all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement with respect to Resold, all products listed on Resold, and all products purchased through Resold. In addition, to the maximum extent permitted by applicable law, Company makes no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the products listed on or purchased through Resold, or that Resold will be uninterrupted or error-free. Company does not guarantee the quality, suitability, safety or ability of sellers. Company is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any sellers listed on Resold, any product offerings listed on Resold, or any Resold buyers and expressly disclaims any and all liability which may arise from transactions effectuated via Resold, whether arising directly or indirectly. Nothing in this Agreement shall be construed as creating any obligation or liability on Company or any of the Company Third-Parties to fulfill any representation, undertaking or agreement other than as expressly provided in this Agreement.


You agree that the entire risk arising out of your use of Resold and any products purchased via Resold by you or delivered to you, remains solely with you. To the maximum extent permitted by applicable law, you agree that neither Company nor Company Third-Parties is responsible for the fitness or conduct of any Resold seller or third-party provider of any products listed on Resold. Neither Company nor Company Third-Parties will be liable for any claim, injury or damage arising in connection with the acts or omissions of any Resold seller or third-party provider.


If you have a dispute with either a Resold buyer or Resold seller, you agree to release Company (including Company Third-Parties) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”


  1. Access and License Grant to You.

After registering for an account with Resold, where required, we grant you a personal, non-commercial, non-exclusive, revocable, limited license to access Resold on the device of your choosing. You may share this license and access with other persons, but you are solely responsible for their actions. As a user, you do not receive any ownership interest in any portion of Resold; you merely receive the aforementioned revocable license or access listed above. Resold is licensed, not sold to you. Except as expressly granted by this Agreement or otherwise by Company in writing, you acquire no right, title, or license in Resold, any product listing, reputational or account data, or any data, software, content, application, or materials accessed from or incorporated within Resold. This Agreement does not give you any rights to any updates or upgrades to Resold or to any maintenance releases, patches, fixes, extensions, or enhancements to Resold developed by Company or its supplier or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to Resold. If provided by Company, Resold updates will be available automatically. Company may, but has no obligation, to provide Resold updates and support. You authorize Company to deliver automatically any Resold update if we believe it is necessary to provide for the continued functionality of Resold or for any reasonable business purpose. Your use of all Resold updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install, or use a new or modified version of Resold. Your license or access to Resold is subject to the following requirements:


    1. You may not decompile, reverse engineer, disassemble, modify, rent, sell, translate, lease, loan, distribute, or create derivative works or improvements to Resold or any portion of it for any reason whatsoever.

    2. You may not share your license or access with any other parties except as provided for under this Agreement, the Privacy Policy, Cookie Policy, or any additional agreements.

    3. You may not violate or infringe the intellectual property, privacy, or other rights of any third-party while using Resold.

    4. You must preserve all copyright and other proprietary rights on Resold and all copies thereof.

    5. You may not violate any laws, rules, or procedures of the United States or other countries as applicable while using Resold.

    6. You may not violate any of Company’s additional policies.

    7. You may not use Resold except through specific channels provided by us.

    8. You may not use Resold on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.

    9. You may not sell, lease, loan, distribute, transfer, host, outsource, disclose, sublicense, or otherwise commercially exploit Resold or make Resold available to any third-party.


Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license or your access to use Resold at our discretion. Additionally, we may revoke your license or restrict your access to Resold if we believe that your actions may harm us or any of our users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.


  1. Use of Resold.

When using Resold, you are solely responsible for your use of Resold, including any selling, packaging, shipping, and purchasing decisions you decide to make. When using Resold you agree to the following:


    1. You may not copy, distribute or disclose any part of Resold in any medium, including without limitation by any automated or non-automated “scraping;”

    2. You may not systematically retrieve data or other content from Resold to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission, which may be unreasonably withheld;

    3. You may not use Resold for any data mining or similar data gathering and/or extraction purposes;

    4. You may not make any unauthorized use of Resold, including collecting user data or Resold data by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

    5. You may not use Resold in any ways that are unlawful;

    6. You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running Resold;

    7. You may not circumvent, disable, or otherwise interfere with security-related features of Resold, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of Resold and/or content contained therein;

    8. You may not engage in unauthorized framing or linking to Resold;

    9. You may not trick, defraud, mislead us and/or other Resold users, especially in an attempt to learn account access and/or personal information;

    10. You may not make improper use of our support services or submit false reports of errors, abuse, or misconduct;

    11. You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access Resold or to extract data;

    12. You may not use automated bots or other software to send more messages through Resold than humanly possible;

    13. You may not access Resold in an attempt to build a similar or other competitive product or service;

    14. You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

    15. You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;

    16. You may not use Resold in any way that is: misleading, unlawful, defamatory, obscene, invasive, or threatening;

    17. You may not use Resold to stalk, harass, bully, or harm another individual;

    18. You may not violate any requirements, procedures, policies or regulations of networks connected to Resold and/or Company;

    19. You may not interfere with or disrupt Resold;

    20. You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or Resold;

    21. You agree that you will not hold Company responsible for your use of Resold and your customers’ use of Resold;

    22. You may not use Resold in a manner inconsistent with any applicable laws or regulations; and

    23. You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of Resold, including the de-indexing or de-caching of any portion of Resold from a thirty-party’s website, such as by requesting its removal from a search engine.


If you are discovered to be undertaking any of the aforementioned actions your privileges to use Resold and Resold account may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of Resold, but we reserve the right to suspend or terminate any account at any time without notice or explanation.


  1. Purchase Transactions and Applicable Fees.

    1. Fees and Transactions. Registering for Resold is free; however, Company charges a fee equal to 8.5% + 30¢ of the total, after-tax sale price. The aforementioned 8.5% + 30¢ transactional fee consists of Resold’s 5.6% fee and Stripe, Inc.’s 2.9% + 30¢ fee, and is charged on every purchase transaction. The Resold fee policy may be viewed at https://resold.us/help/for-sellers/what-are-the-resold-fees and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, sellers are responsible for coordinating the timely fulfillment of their order, overseeing all shipping arrangements, and paying all shipping costs and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through Resold. All such shipping costs and taxes are included in the listed price for any items made available from sellers through Resold and will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through Resold.

    2. Credit Card Transactions. To the extent you as a buyer effect any transactions using a credit card, Stripe, Inc., as the third-party credit card processor, may store your credit card or payment information. Stripe, Inc. will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through Resold that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize Stripe, Inc. to charge your credit card or payment source provided.

    3. Fee Modifications. We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change. Additionally, we may change our fee policy at any time and in our sole discretion, and any changes to the fee policy are effective upon the posting of such changes.

    4. Non-affiliation by Company. Resold is only a venue and Company is not affiliated with or endorsed by any seller, manufacturer, retailer, designer, or brand of the items that users buy or sell via Resold: Resold acts as an open marketplace for users to interact with other users to buy and sell items. Company only provides a service, is not involved in any transaction between buyers and sellers who use Resold, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions, and in not involved in the fulfillment of any purchase. Company is not affiliated with or endorsed by any seller, manufacturer, retailer, designer, or brand of the items that users buy or sell via Resold. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Company. Company does not control the behavior of users of Resold, the Stripe, Inc. payment processing system utilized, or the information or other content provided by other users that is made available through Resold. As a result, Company does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Company does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Company reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Company and Resold users from illegal or wrongful activities.


FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH RESOLD, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS, OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, DUE DILIGENCE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING RESOLD.


  1. Payment Information and Taxes - Payment Terms and Fees.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Resold must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Resold at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.


  1. Account Registration and Security Responsibilities.

    1. Account Registration. In order to access certain parts of Resold, you may be required to create a Resold account (an “Account”) and/or a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Company to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Company may elect to do from time to time.

    2. Sellers. By using Resold to accept payment for Products listed on Resold, you are entering into an agreement with Stripe subject to the terms of the , which includes the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via any Resold transaction to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from this Agreement. Resold is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with any Resold transaction, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into Resold.

    3. Seller Fees. You agree to pay the service fees described in https://resold.us/help/for-sellers/what-are-the-resold-fees for the sales transactions you make using Resold. The Service Fees include Electronic Payment Method processing fees to Stripe (equal to $2.9% of the after-tax purchase price plus $0.30 per transaction) and fees to Resold (equal to 5.6% of the after-tax purchase price of each transaction completed via Resold).

    4. Receiving Sales Proceeds from Resold Transactions. Upon completion of a sale using Resold, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the buyer’s payment. STRIPE MUST ACCEPT YOUR APPLICATION TO USE RESOLD AS A SELLER BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA RESOLD. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 30 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH RESOLD, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS FROM TRANSACTIONS COMPLETED VIA RESOLD.

    5. Acceptable Use Violations. Your right and/or ability to receive sales proceeds via Resold may be revoked, disabled, or limited if the purchase or sale violates any portion of this Agreement, including for sales that violate the prohibited items guidelines.

    6. Transactions Final. Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS BUYER AND SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Resold will not be responsible for facilitating refunds.

    7. Taxes. It is your responsibility to determine what, if any, taxes apply to each transaction you complete via Resold, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Resold is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via Resold.


  1. Order Cancellation Requests.

Cancellations on purchases completed through Resold are granted in the sole discretion of the seller, although we generally encourage sellers to issue cancellation requests when received within five (5) hours of the order. However, there are no guarantees that your request for cancellation will be granted. If you want to cancel your Resold order, contact your seller as soon as possible and clearly inform them of your cancellation request. Again, there are no assurances that the seller will grant your cancellation request.


  1. Order Refund Requests.

Refunds are issued at the discretion of the seller. However, if a buyer receives an item materially different from the description provided in the corresponding product listing, reach out to us at support@resold.us and then we may, in our sole discretion, choose to intervene and may, in our discretion, require the seller to refund the aggrieved buyer in an amount equal to the purchase price plus Resold’s 5.6% transactional fee, but less Stripe, Inc.’s 2.9% + 30¢ transactional fee, which amount is non-refundable.


  1. User Disputes.

You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with Resold and Company will have no liability or responsibility with respect thereto. All parties share the responsibility for making sure that purchases facilitated by Resold are satisfactory and hassle-free. Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of Resold, which you may request from us by sending an email to support@resold.us describing the dispute in detail and attaching supporting evidence thereto. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used. Should a chargeback or dispute on a purchase you have sold via Resold arises, we reserve the right to close your account without notice.


  1. User Content.

Your ability to submit or transmit any information through Resold, including but not limited to product listings, text, links, data, information, images, reviews,or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for Resold but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to Resold may be modified, edited, or removed at our discretion. Furthermore, you represent and warrant that: (a) you have the right to post all User Content; (b) neither the User Content nor the use of the User Content by Company will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the User Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. You hereby agree to indemnify and hold Company and Company Third-Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any User Content or any breach or alleged breach of any of your warranties, representations, or agreements hereunder. When you submit any User Content to us, you grant Company, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with Resold. Additionally, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into Resold any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of Resold. You further understand and agree that Company will not tolerate any User Content it deems (in its sole discretion) inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, or that Company believes may violate or infringe another's rights, including, without limitation, privacy, publicity, or intellectual property rights.


  1. Monitoring User Content.

Company shall have the right, but not the obligation, to monitor all User Content on Resold at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Company shall have the right, but not the obligation, to remove any User Content that Company within Company’s sole and complete discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content.


  1. Availability of Resold.

Although we try to provide continuous availability to you, we do not guarantee that Resold will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of Resold. You agree and acknowledge that Resold uses remote access and may not always be either 100% reliable or available. We cannot guarantee that Resold will work to the functionality desired by you or give you any desired results when using Resold independently or when paired with a third-party product.


  1. Modification of Resold.

We reserve the right to alter, modify, update, or remove Resold at any time. We may conduct such modifications to Resold for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to modify Resold features and functionalities, fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update Resold for security, legal, or other purposes.


  1. Guidelines for Reviews.

We may provide you areas within Resold to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of Company or Company Third-Parties. Neither we nor any Company Third-Parties assume any liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review within Resold, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.


  1. Intellectual Property.

The names “Resold” and “Resold.us”, the web application, along with the design of the user interface and any text, writings, images, videos, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company reserves all rights not expressly granted in and to Resold. You agree to not engage in the use, copying, or distribution anything contained within Resold unless we have given express written permission.


  1. Privacy Policy.

We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your access to and use of Resold. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using Resold you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Company may be transferred to the United States and/or other countries for storage, processing and use by Company and its affiliates.


  1. Idea Submission.

Company or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company’s products might seem similar to ideas you submitted to Company. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Company, without any compensation to you; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.


  1. Disclaimer.

RESOLD IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY COMPANY THIRD-PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE RESOLD WEB APPLICATION; (2) ANY INFORMATION PROVIDED VIA RESOLD; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA RESOLD. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT RESOLD WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT RESOLD OR THE SERVER(S) THAT MAKES RESOLD AVAILABLE IS(ARE) FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON RESOLD IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF RESOLD IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.


  1. Limitation of Liability.

We cannot guarantee continuous access to Resold, and the operation of Resold may be interfered with by numerous factors outside of our control, including, without limitation, natural hazards or disasters, extreme weather conditions, acts of terrorism, failure of telecommunications systems and other conditions outside of our control. Accordingly, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, applicable to Resold. Further, to the extent legally permitted, we disclaim all warranties, terms and conditions, in each case either express or implied, with respect to items purchased by you through Resold, including, without limitation, disclaiming any liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We are not responsible for any actions or omissions of third-parties, including, without limitation, acts of public authorities, criminal activity, strikes, local or civil unrest, commotions or disputes. We are not liable for any loss of money, goodwill or reputation, or any special, punitive, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use Resold or the items you purchased through Resold. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so the above disclaimers and exclusions may not apply to you.


You agree that your sole remedy, if any, for problems with items you purchased through Resold is to seek a return and refund from the seller.


Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third-party is limited to the greater of: (a) the total charges (under the Fees section) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.


IN NO EVENT SHALL COMPANY OR COMPANY THIRD-PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE RESOLD OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN RESOLD, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF RESOLD, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM RESOLD TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH RESOLD VIA A THIRD-PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) COMPANY’S USE AND/OR DISPLAY OF THIRD-PARTY TRADEMARKS, BRANDING, and OTHER GRAPHICAL, AUDIO, OR AUDIOVISUAL CONTENT, (7) Any losses, damages, or delays related to shipping; OR (8) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by COMPANY’S negligence or that of any of its officers, employees, CONTRACTORS, or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE. SPECIFICALLY, FOR NEW JERSEY RESIDENTS OUR LIABILITY IS THE LOWEST PERMITTED UNDER NEW JERSEY LAW. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED ($100) US DOLLARS.


  1. Indemnification.

You hereby agree to defend, indemnify and hold harmless Company and Company Third-Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:


    1. your use of and access to Resold;

    2. your violation of any term of this Agreement or the Privacy Policy; or

    3. your violation of any third-party right, including without limitation any copyright, property, or contractual right.


This defense and indemnification obligation will survive this Agreement and your use of Resold. You also agree that you have a duty to defend Company against such claims and Company may require you to pay for an attorney(s) of Company’s choice in such cases. You agree that this indemnity extends to requiring you to pay for Company’s reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Company may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.


  1. No Third-Party Liability.

All claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to any transaction effectuated via Resold, or the negotiation, execution or performance of any transaction executed via Resold (including any representation or warranty made in or in connection with any transaction executed via Resolve or as an inducement to enter into such transaction), may be made only against the buyer and seller expressly identified as parties to such transaction; and Company and Company Third-Parties, unless party to this Agreement, shall have no liability or obligation with respect any claim or cause of action (whether in contract or tort) that may arise out of or relate to any transaction effectuated through Resold, or the negotiation, execution or performance of this Agreement (including a representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement)


  1. Copyrights.

We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:


    1. Your full legal name.

    2. The name of the party whose copyright has been infringed, if different from your name.

    3. The name and description of the work that is being infringed.

    4. The location on Resold of the infringing content.

    5. A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

    6. A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.


You must sign this notification and send it to us at support@resold.us.


  1. Choice of Law and Jurisdictional Issues.

This Agreement shall be governed by the laws in force in the state of Illinois. The offer and acceptance of this contract is deemed to have occurred in the state of Illinois. Resold is controlled or operated (or both) from the United States, and is not intended to be subject to any non-U.S. jurisdiction or law. Resold may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of Resold is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit Resold’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.


  1. Dispute Resolution by Binding Arbitration.

This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement.”

    1. Arbitration Generally. You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Agreement (including any alleged breach thereof), any product purchased via Resold, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY 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 COMPANY 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. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).

    3. Pre-Arbitration Dispute Resolution. Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@resold.us. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company should be sent to 545 Waterford Lane, South Elgin, IL 60177 ("Notice Address"). The Notice must: (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

    4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

    5. Unless Company and you agree otherwise, any arbitration hearings will take place in Cook County, Illinois. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. In the event that the law does not permit the aforementioned dispute to be resolved through arbitration or if this Arbitration Agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Cook County, Illinois.

    6. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

    7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.

    9. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Company agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of Resold, you may reject any such change by sending Company written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).


  1. Severability.

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other’s operation, Company shall have the sole right to elect which provision remains in force.


  1. Non-Waiver by Company.

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.


  1. Assignment and Survival.

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion without prior notice given to you. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.


  1. Termination.

You agree that Company, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of Resold and remove and discard any items or Content associated with your use of Resold, for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or our other policies. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Resold, may be referred to appropriate law enforcement authorities. Company may also in its sole discretion and at any time discontinue providing Resold, or any part thereof, with or without notice. You agree that any termination of your access to Resold under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or to Resold. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to Resold.


  1. Entire Agreement.

This Agreement along with the Marketplace Guidelines and Best Practices, Privacy Policy, and Cookie Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.


  1. Amendments.

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using Resold and we shall terminate our Agreement with you.


  1. Consent to Receive Electronic Communications.

The communications between you and Company use electronic means, whether you visit www.resold.us or send Company e-mails, or whether Company posts notices on or through Resold or communications with you via mobile notifications or e-mail. You consent to receive electronic communications from Company. For contractual purposes, you: (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.


  1. Export Controls.

Resold and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using Resold, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.


  1. Data Rates.

You will be able to access Resold through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.


  1. California Users.

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to support@resold.us. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.