Terms & Conditions
EBTH.com and its related sites, services, applications, domain names, and tools (collectively, the "Site") are owned and operated by EBTH Inc. and its subsidiaries dba Everything But The House ("EBTH ," "us" or "we"). This page explains the terms by which you may use the Site and our online and/or mobile services, and software provided or in connection with the service (collectively, the " Service"), including by (i) submitting bids for the purchase of items posted for auction by the Company as a " Buyer" and (ii) submitting an item description and any other related information in connection with the listing of an item for sale on the Site as a "Seller." These terms and conditions (the " EBTH Terms and Conditions") apply to all Buyers, Sellers, visitors, users and others who register for or otherwise access the Service ("Users").
1. Eligibility to Use the Site and the Services
While using the Site and/or the Services, you agree that you will not:
- Use the Site or Services if you are not able to form a legally binding contract or if you are under the age of eighteen (18) years old;
- Use the Services if you have been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site;
- Manipulate the price of any item without the intent to purchase;
- Circumvent or manipulate our fee structure, the billing process, any fees owed to EBTH, or any technical measures we use to provide the Services;
- Fail to deliver payment for items purchased by you and associated fees or shipping costs;
- Transfer or share your account and bidder number with another party without our consent;
- Create accounts that misrepresent your identity or use the personal information of others;
- Use any automated means to access the Services;
- Access data not intended for you or log into a server or account which you are not authorized to access;
- Use the Site in any manner that would interfere with, disrupt or inhibit other users from fully enjoying the Site or that could damage, disable or impair the functionality of the Site;
- Conduct fraudulent activities; or
- Bid on any items that may be sold only to persons at least twenty-one (21) years old if you are under the age of twenty-one (21) years old.
Overview — EBTH is a listing, information and auction website that brings together Buyers and Sellers. Items may be sold by a Seller either through a direct listing by Seller on the Site (a " Third-Party Listed Item") or through a consignment arrangement with EBTH (a " Consignment Items"). For Consignment Items, EBTH will assist Seller in preparing a listing on the Site. EBTH IS NOT A BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY ITEM LISTED FOR SALE ON OUR SERVICE. EBTH DOES NOT HOLD OR POSSESS TITLE FOR ANY ITEM LISTED FOR SALE ON OUR SERVICE ,
Item Descriptions - All items are sold "as is" and you are aware that, unless otherwise stated, the items sold on the Site are not new nor in perfect condition, may require touch-up or repairs prior to use and the available information about these items may be limited.
EBTH makes no representation or warranty regarding any Third-Party Listed Item or the accuracy or completeness of any item description.
For Consignment Items, EBTH will not list every flaw associated with each item as these are to be expected. In the case of obvious faults (chips, cracks, significant damage, etc.) EBTH does its best to list the fault within the description. EBTH will provide descriptions based on its assessment of an item. However, you should not assume that our assessment of condition will be the same as your assessment. It is your responsibility to read and review all descriptions and images of an item before bidding, and you acknowledge that in posting such descriptions, EBTH relies on information provided by the Seller.
EBTH AND SELLERS MAKE NO, AND EXPRESSLY DISCLAIM ANY, GUARANTEE, WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, TO YOU WITH RESPECT TO ANY ITEM, INCLUDING WITHOUT LIMITATION, CONDITION, MERCHANTABILITY, QUALITY, RARITY, IMPORTANCE, FITNESS FOR A PARTICULAR PURPOSE, HISTORICAL RELEVANCE OR OTHERWISE.
Extension and Close of Internet Bidding - At the scheduled date and online sale closing period of a sale, items will begin to close at a predetermined number of items per minute. All online sales may be subject to our automatic extension system defined as follows: if an item receives a bid with less than five (5) minutes remaining until closing, the close time will be reset to five (5) minutes from the time the bid is placed and will continue to reset to five (5) minutes with each newly placed bid. The item will not close until five (5) minutes have elapsed with no additional bid activity.
Sales Format — All bids must be placed through the Site. Absentee bidding is not allowed. Unless otherwise explicitly stated in the auction or item description, all sales are conducted without reserve by the Seller. Unless otherwise explicitly stated by EBTH in writing, the auction of personal property through the Service is conducted according to the following guidelines: (i) the property is sold to the highest bidder without reserve; (ii) the auction does not require a minimum bid; (iii) the auction does not require competing bids of any type by the Seller or an agent of the .t.211crSeller; and (iv) the Seller of the property cannot withdraw the property from auction after the auction is opened and there is public solicitation for bids; provided, however, that EBTH reserves the right to withdraw any item from the Site or to amend any content on the Site at any time in its sole discretion. EBTH will not be liable to you or any third party if we withdraw an item, amend any content on the Site or deny you access to the Site or the Services.
3. Bidding and Auction
Buyer's Contract - Your winning bid placed on the Site represents an irrevocable contract and you are responsible for paying all amounts due to EBTH. If you cannot pay for the items or agree to the shipping terms and costs, please do not bid on the items.
Placing a Bid — You agree and acknowledge that, in exchange for valuable consideration (including but not limited to the rights to use the Site, use the Services and participate in the online auction), all bids placed by you are irrevocable offers to purchase an item that may not be withdrawn by you at any time prior to the close of the auction. You expressly agree that, due to the irrevocable nature of the bids, any cancellation or correction of a bid by EBTH may result in a previous bid being the highest current bid subject to acceptance at the close of the auction. By placing a bid, you expressly agree that if you are the winning bidder you will pay for your item and agree to any additional handling and shipping fees applicable for shipped items. It is your responsibility to understand the pickup and delivery options and costs for each item before you place your bid. All bids are shown in US dollars and all taxes, shipping, and handling charges are additional.
Minimum and Maximum Bids — When submitting a bid, you must raise the bid by a minimum established increment. Bid increments can be found here. You may elect to raise the bid by more than the required minimum by entering a higher bid in the "Your Minimum Bid" box. If you enter a higher minimum bid and your bid is the winning bid, you agree to be bound to your bid amount, regardless of any other previous bids. You may also elect to enter a proxy bid in the "Your Maximum Bid" box. If you enter a maximum bid, the system will automatically raise your bid by the specified increments if you are subsequently outbid, up to your designated maximum bid amount ("Maximum Bid"). Maximum Bids are not disclosed. Maximum and/or Minimum Bids do not include any taxes, shipping or handling fees.
Increasing Your Own Bid — The system will permit you to raise your own bid by rebidding on the same item. This is to permit you to raise the price of an item out of the reach of other bidders. If you rebid on an item, your new bid is binding. If you are the current high bidder and want to increase your maximum bid without increasing the current bid, you must use the "Edit Max" function.
Bid Correction/Retraction — As stated above, all bids represent irrevocable offers to purchase that may not be withdrawn prior to the close of the auction. It is your sole responsibility not to submit erroneous bids. In the event that you submit an erroneous bid more than twenty-four (24) hours before the scheduled close of a sale, you may request a correction through our Contact Form here. Bid corrections are at the sole discretion of EBTH. Bid correction requests will become part of your user history, and are subject to review. Under no circumstances will a bid correction request be honored in the final twenty-four (24) hours of a sale. Notwithstanding any of the foregoing, EBTH reserves the right to cancel any bid at any time if, in our sole discretion, we determine an error was made.
Bidding Notices — For your convenience, EBTH provides certain e-mail, push and SMS communications regarding the status of ongoing sales. These communications are provided as a courtesy only and are not official bid status communications. The failure to receive a notification of a winning bid does not relieve you from your contractual obligations as the winning bidder. To confirm the status of your current bids, visit the "I'm Following" page. You expressly agree that the display of the highest bid and the status of your current bid on the Site at the close of the auction are both accepted means of acceptance of your bid by the Seller. The bid history reflected on the EBTH system supersedes any e-mail, push or SMS communication in dispute resolutions.
Bidding Instructions — For additional information and a step by step walkthrough of the bidding process, Click here.
Shill Bidding — You represent and warrant that you will not engage in shill bidding. Shill bidding happens when anyone (including family, agents, friends, employees, or online acquaintances) bids on an item with the intent to artificially increase its price or desirability, usually on behalf of the Seller. You will be held liable for and agree to indemnify EBTH against any damages incurred by EBTH due to your related shill bidding.
4. * Payment*
Maintenance of Payment Information - In order to place a bid or list an item, you must have valid payment information stored in your profile. By providing your credit card information to EBTH, you irrevocably authorize EBTH to charge your credit card for the listing fee or total purchase amount of any winning bid plus any fees associated with the sale of the item, including but not limited to taxes, shipping and handling fees, as applicable. You also agree and acknowledge that you will maintain valid credit card information within your user profile so long as you maintain an account with EBTH and that you are authorized to use the designated payment method. EBTH reserves the right in its sole and absolute discretion to cancel listings or bids or suspend bidding privileges of any user not maintaining valid payment information.
Payment Forms Accepted - If you have placed the winning bid on an item that is eligible for in person pickup, you can pay for your purchases during the designated removal and payment times listed on the "Sale Details" section or the "Item" pages with cash, check or you may prepay online with a credit card or gift card and present your ID for pickup. All invoices under five thousand dollars ($5,000) that are shipped must be paid with a credit card and/or valid gift card (if applicable). Purchases over five thousand dollars ($5,000) will require payment via cashier's check, ACH or wire. Winning bidders with questions of how to make payment should submit a question via our Contact Form located here. If you do not elect a fulfillment method and you do not pick the item up during the scheduled pickup time outlined on the "Sale Details" section or "Item" pages, EBTH reserves the right to charge your payment method on file for the total purchase price of the item plus any applicable handling and shipping charges, and may ship the item to your address of record. You hereby expressly grant EBTH the right to hold a winning item until confirmation of cleared funds has been received by EBTH.
Escrow Arrangements – A Seller utilizing the Service to sell Third-Party Listed Items will have payments held in a non-interest bearing general escrow account maintained by EBTH for all such Sellers for a period of not more than 30 days until the Buyer of the Third-Party Listed Items receives that Third-Party Listed Item by means of one of the fulfillment options discussed below. Should the Buyer not receive the Third-Party Listed Item within that 30 day period through no fault of such Buyer or should Buyer return, within that time period, the Third-Party Listed Item due to the failure (as determined by EBTH in its sole discretion) of that Third-Party Listed Item to conform in a material manner to the Third-Party Listed Item description, EBTH will remit the escrowed funds to the Buyer. Upon Buyer's receipt of the Third-Party Listed Items sold by a Seller, EBTH shall remit the escrowed funds to Seller.
Sales Tax — All sales are subject to appropriate state sales and use tax laws, including, as to Third-Party Listed Items, any state sales tax laws applicable to Seller. Tax exempt buyers must provide the appropriate state sales tax exemption certificate prior to the end of the sale. Upon acceptance and validation of such information by EBTH, your future purchases will not be taxed, provided that you are still eligible for tax exemption. You may be required to update certificates on file periodically as deemed necessary by EBTH. EBTH requires a sales tax exemption certificate for each state in which an exemption is claimed. For more information regarding sales tax exemption, click here.
Failure to Pay — Any items not paid for in accordance with the EBTH Terms and Conditions within seven (7) days of the sale closing (or upon a later applicable payment due date as may be provided herein) will be forfeited by you and, as to Consignment Items, EBTH may, in its sole and absolute discretion, resell or dispose of the items as well as donate the items to a charity of EBTH's choosing. Third-Party Listed Items not paid for in accordance with the EBTH Terms and Conditions will be retained by the Seller that listed the Third-Party Listed Item and may be re-listed for sale on the Site. EBTH reserves the right to charge any payment option you have on file and/or to report your account to collections for the combined total of the original invoice amount and any moving or disposal charges and you will be responsible for any charges incurred by EBTH in collecting your payment.
Gift Cards and Promotions — Subject to the terms and conditions of the applicable gift card or promotional discount, EBTH may accept payment via gift card or gift certificate and may discount invoices in accordance with certain promotions from time to time.
Should you place the final winning bid on an item, an invoice will appear in your "I've Won" list. By selecting the invoice and clicking "Checkout" you will be able to designate your final fulfillment method.
Pickup Option — Certain sales and items may have a designated pickup time and location. Before bidding, confirm whether you can pick up your item at the designated time and location. You must provide your own tools, labor and transportation to facilitate safe removal of your item(s). Plan accordingly for large or bulky items. Be prepared to show identification to pick up your item(s). Purchases will be released upon presentation of proof of payment. EBTH will not be liable for any damages created or incurred by you upon the pickup or transport of your item(s).
_Delivery – _ EBTH and Sellers utilize third party shipping agencies for packaging, handling and delivery of most items. Please be aware that not all items are eligible for shipping. If shipping is available, you can request a shipping quote when viewing the item. The final shipping cost is subject to insurance cost based on the final bid price and occasional fluctuations in fuel surcharges from common carriers. (Shipping quote insurance calculations prior to the end of the sale are based on the current bid value.) If you intend to have an item delivered, it is your responsibility to understand the potential delivery costs before placing your bid. EBTH will use reasonable efforts to ship the Consigned Items within ten (10) business days after the scheduled sale removal and payment date. Seller, as to Third-party Listed Items, must use reasonable efforts to ship the merchandise within five (5) business days after the scheduled sale removal and payment date. When you win an item, any shipping times we provide are estimates only and actual delivery dates may vary. You acknowledge that some items may have a longer processing period such as large items which may take six (6) to eight (8) weeks for delivery.
Alternate Pickup - In certain locations, EBTH may provide an alternative pickup location. If an alternative pickup location is available, it will be detailed in the item view. Additional fees may apply to have your item available at a designated alternative pickup location. Conditions regarding failure to pay and failure to pick up apply to alternate pickup locations.
Handling Fee — Items which must be moved from one location to another in order to make alternate pickup arrangements are subject to a minimum handling fee of ten dollars ($10.00) per lot. You agree that EBTH may charge a higher handling fee, in its reasonable discretion, for certain items which are difficult to transport.
Title and Risk of Loss — Subject to these EBTH Terms and Conditions, title and risk of loss to purchased items will transfer from the Seller to Buyer upon the completed processing and receipt of your payment by EBTH made in accordance with these terms. EBTH is not responsible for insuring items while in EBTH's possession. Upon the transfer of risk of loss to you, you agree to maintain adequate insurance coverage on such items located on EBTH's premises. In the event that you take possession of any purchased item before the completed processing and receipt of your payment by EBTH, the risk of loss will transfer to you upon your taking possession.
Failure to Pickup — IN THE EVENT THAT YOU FAIL TO PICKUP OR DESIGNATE SHIPPING FOR YOUR ITEMS IN ACCORDANCE WITH THE EBTH TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE EBTH TO CHARGE YOUR CREDIT CARD FOR THE PURCHASE AMOUNT OF THE ITEM PLUS ANY TAXES, SHIPPING COSTS AND HANDLING FEES. WHEN PICK-UP IS SELECTED BY YOU OR IS THE ONLY OPTION, IF YOU FAIL TO PICK-UP ANY ITEMS AT THE SPECIFIED TIME OR DESIGNATE A SHIPPING OR FULFILLMENT OPTION WITHIN SEVEN (7) DAYS OF THE CLOSE OF BIDDING YOU WILL BE CONSIDERED TO HAVE ABANDONED AND FORFEITED THE ITEMS. YOU AGREE THAT TITLE FOR ABANDONED ITEMS WILL AUTOMATICALLY TRANSFER TO EBTH WITHOUT ANY FURTHER ACTION BY YOU OR EBTH. YOU EXPRESSLY AGREE THAT FAILURE TO RECEIVE ANY ITEM IN THE EVENT OF ABANDONMENT DOES NOT RELIEVE YOUR OBLIGATION TO PAY FOR THE ITEM OR ANY OTHER FEES. AT A MINIMUM, YOU WILL BE CHARGED THE AMOUNT OF YOUR BID TO SATISFY PAYMENT OBLIGATIONS TO THE SELLER. EBTH MAY, IN ITS ABSOLUTE AND SOLE DISCRETION, RESELL THE ITEMS, DISPOSE OF OR DONATE THE ITEMS TO A CHARITY OF EBTH'S CHOOSING. EBTH RESERVES THE RIGHT TO CHARGE THE CREDIT CARD ON FILE FOR ANY MOVING OR DISPOSAL CHARGES AND WILL NOT REFUND PAYMENT FOR THE ITEMS.
Liquidated Damages — You acknowledge and agree that the remedies afforded to EBTH in the "Failure to Pay" and "Failure to Pickup" paragraphs of these EBTH Terms and Conditions (the "Liquidated Damages") constitute compensation and not a penalty. The parties acknowledge and agree that, due to the nature of EBTH's Services and online auction sales generally, the harm caused by your breach as contemplated in the aforementioned paragraphs would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from your breach. Your payment of the Liquidated Damages is EBTH's exclusive remedy for the breaches contemplated in the "Failure to Pay" and "Failure to Pickup" paragraphs of these EBTH Terms and Conditions.
All items on the Site are sold "as is — where is". EBTH will only accept returns in cases of material errors in the item description made by EBTH, or (as to Third-Party Listed Items) by Seller, as determined by EBTH in its sole discretion. Any claims submitted for review under our return policy must be received within thirty (30) days of the earliest of delivery or your taking possession of the item. Notwithstanding any language to the contrary, EBTH in its absolute and sole discretion may accept a return under this policy.
7. Seller Content
We do not claim ownership of Seller-generated content and material provided to us in connection with the Services notwithstanding the fact that EBTH may review, elect and modify such content and material (collectively "Seller Content"). By submitting any Seller Content. You grant to EBTH and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host. archive, store, cache, use or otherwise exploit all or any portion of the Seller Content, as well as your name, persona and likeness included in any Seller Content and your social media account handle, username, real name, profile picture and/or any other information associated with the Seller Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity will have the right to (i) receive any royalty or consideration of any kind for the use of the Seller Content pursuant to these EBTH Terms and Conditions or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Seller Content. EBTH retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Seller Content for any reason or no reason. Subject to the licenses granted in these EBTH Terms and Conditions, you retain ownership of any copyright and other rights you may have in the Seller Content.
By submitting Seller Content, you represent and warrant that (i) you own or control any and all rights in and to the Seller Content, and the right to grant all of the rights and licenses in these EBTH Terms and Conditions, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from an) individuals that appear in the Seller Content to use, and grant others the right to use, their name. image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the Seller Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, © contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by EBTH, you will furnish EBTH any documentation, substantiation or releases necessary to verify your compliance with these EBTH Terms and Conditions. You are solely responsible for the Seller Content and you hereby agree to indemnify and hold EBTH and its employees, agents, affiliates. assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of an of the foregoing representations or our violation of any law or rights of a third party.
EBTH does not guarantee the truthfulness, accuracy or reliability of any Seller Content or endorse any opinions expressed by you or anyone else. By submitting the Seller Content you fully and unconditionally release and forever discharge EBTH and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected: (i) disputes between you and a Buyer or one or more users or any other person or entity, or (ii) the use by EBTH or you of the Seller Content, including, without limitation, any and all claims that use of the Seller Content pursuant to these EBTH Terms and Conditions violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that EBTH has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any Seller Content. EBTH acts as a passive conduit for Seller Content and has no obligation to screen or monitor Seller Content. If EBTH becomes aware of any Seller Content that allegedly may not conform to these EBTH Terms and Conditions. EBTH may investigate the allegation and determine in its sole discretion whether to take action in accordance with these EBTH Terms and Conditions. EBTH has no liability or responsibility to Users for performance or nonperformance of such activities.
EBTH has the absolute right to remove and/or delete without notice any Seller Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against EBTH for such removal and/or deletion. EBTH is not responsible or liable for failure to store posted content or other materials you transmit through the Service. You should take measures to preserve copies of any data, material, content or information you post on the Service or any other sites or platforms.
8. Copyright Complaints
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify EBTH's copyright agent as set forth in the DMCA.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, EBTH, Inc.
Address: 697 Wilmer Avenue
Cincinnati, Ohio 45226
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Please note that this procedure is exclusively for notifying EBTH and its affiliates that our copyrighted material has been infringed. The preceding requirements are intended to comply with EBTH's rights and obligations under the DMCA, including 17 U.S.C. §512©, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, EBTH has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. EBTH may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless EBTH and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these EBTH Terms and Conditions. including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) Seller Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code and (viii) damage to person or property, including death, relating in any way to the items purchased or sold by you through the Site and/or the Services, including, but not limited to, in the case of Consigned Items, the shipment from, and moving of such items on, the EBTH premises, except to the extent such losses are caused by the gross negligence or willful misconduct of EBTH.
10. Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EBTH OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EBTH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT: THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE: THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
EBTH DOES NOT WARRANT, ENDORSE. GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EBTH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EBTH IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF CARRIERS IN PACKING OR SHIPPING OF PURCHASED LOTS, WHETHER OR NOT SUCH CARRIER IS RECOMMENDED BY EBTH,
YOU ALSO ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ANY SELLER OR EBTH OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, EVEN IF EBTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, EBTH'S TOTAL LIABILITY FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF MONIES PAID BY YOU TO EBTH HEREUNDER IN THE PRECEDING THREE (3) MONTH PERIOD. YOU IRREVOCABLY WAIVE AND DISCLAIM ANY RIGHT YOU MAY HAVE TO BRING AN ACTION FOR OR TO THE REMEDY OF SPECIFIC PERFORMANCE AGAINST EBTH OR ANY SELLER OF AN ITEM. YOU HEREBY ACKNOWLEDGE THAT THESE LIMITATIONS ON LIABILITY WILL APPLY TO ALL MERCHANDISE, SERVICES AND CONTENT AVAILABLE THROUGH EBTH, THE SERVICES AND THE SITE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS IN THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Referral Rewards Program — Offer valid for qualified customers only. Restrictions apply. See Referral Rewards program terms and conditions.
Changes to the EBTH Terms and Conditions — EBTH reserves the right, at its sole discretion, to change, modify, add or remove any portion of the EBTH Terms and Conditions, in whole or in part, at any time, and we will post the revised version on the Site. Changes to the EBTH Terms and Conditions will be effective when posted. Your continued use of the Site and/or the Services after any changes to the EBTH Terms and Conditions are posted will be considered acceptance of those changes.
California Residents — If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Notices to You — We may provide any notice to you under these EBTH Terms and Conditions by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
Notices to Us — To give us notice under these EBTH Terms and Conditions, you must contact us as follows: EBTH Inc. Attn: Legal, 697 Wilmer Avenue, Cincinnati, OH 45226. We may update the contact information for notices to us by posting a notice on the Site or amending these EBTH Terms and Conditions. Notices will be effective when received by EBTH.
Expiration of Claims — Any claim or cause of action you may have with respect to EBTH or the Service must be commenced within one hundred eighty (180) days after the claim or cause of action arose.
No Waiver — Any waiver of any provision of the EBTH Terms and Conditions by EBTH must be made in writing and signed by an authorized representative of EBTH specifically referencing the EBTH Terms and Conditions and the provision to be waived.
Cumulative Remedies — All rights and remedies provided to EBTH are cumulative and not exclusive, and the exercise by EBTH of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. Despite the previous sentence, the parties intend that EBTH's right to Liquidated Damages is its exclusive remedy for your breach of certain obligations as specified in the Liquidated Damages paragraph.
Severability — If any term or provision of these EBTH Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these EBTH Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify these EBTH Terms and Conditions to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Force Majeure — We will not be liable or responsible to you, nor be deemed to have defaulted or breached these EBTH Terms and Conditions, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Assignment — You will not assign any of your rights or delegate any of yourobligations under these EBTH Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves you of any of your obligations under these EBTH Terms and Conditions. EBTH may assign or transfer these EBTH Terms and Conditions and/or its rights and/or obligations hereunder.
Governing Law - You agree that: (i) the Service and these Terms and Conditions shall be deemed solely based in Ohio; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Ohio. These Terms and Conditions shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. The parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms and Conditions shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Hamilton County, Ohio for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Hamilton County, Ohio is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration – Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from EBTH. For any dispute with EBTH, you agree to first contact us at EBTH Inc., Attention: Legal, 4650 Wilmer Avenue, Cincinnati, OH 45226 and attempt to resolve the dispute with us informally. In the unlikely event that EBTH has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, " Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Hamilton County, Ohio, unless you and EBTH agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees pursuant to and in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses; provided, that if you are an individual, you may apply for and successfully obtain a fee waiver from JAMS; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this paragraph shall be deemed as preventing EBTH from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver – With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. 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, collective action, private attorney general action, or other representative proceeding of any kind.
Last Updated: September 25, 2017