Information about Upfitter Marketplace

TERMS OF USE

Welcome to the Upfitter Marketplace Terms of Use. These Terms of Use (“Terms”) lay out the rules, policies, etc. that apply to using the Upfitter Marketplace website, apps, etc. (“Services”).

You understand that these Terms are a legally binding contract between you, the user (“you(r)” or “user(s))” or (“buyers” or “sellers” as may be applicable to your use), and Upfitter Marketplace (“Us,” “We,” “Our” or “Upfitter Marketplace”). If you do not agree to these Terms then you should not use our Services. Please review these terms carefully.

PAYMENT TRANSACTIONS FOR PRODUCTS TO BE DELIVERED AND PICKED UP IN PERSON ARE REQUIRED TO BE PROCESSED THROUGH THE ONLINE SERVICES PROVIDED BY UPFITTER MARKETPLACE. 

 

TRANSACTIONS THAT OCCUR OUTSIDE OF THE UPFITTER MARKETPLACE SITE ARE NOT SUBJECT TO THE PROTECTIONS UNDER THESE TERMS AND THE UPFITTER MARKETPLACE PRIVACY POLICY.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. 
Therefore, by agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. This is explained more in detail under Section 13.

1. Your Privacy: By agreeing to these Terms you also agree to our Privacy Policy, you can review here: https://www.upfittermarketplace.com/en/infos/privacy

Upfitter Marketplace utilizes a GDRP complainant service provider S.T.O.Y. to deliver the Services. Upfitter Marketplace does not store any Personal Identifiable Information.  Through using the Services, you will likely be giving personal information such as your name, email address, shipping address, etc. to both us and any seller you purchase from. Upfitter Marketplace can also see any information transmitted via communications between buyer and seller. S.T.O.Y. will be holding this information on their servers and Upfitter Marketplace can see what information is collected, delete any information, and view the information. Therefore, each of the entities/individuals (S.T.O.Y., and the sellers) are separately responsible for the personal information received. That means that we cannot be responsible or liable for what the sellers or S.T.O.Y. does with any information received from a buyer. S.T.O.Y. and Sellers are solely responsible for the privacy procedures they put in place and what they do with buyer information.

Please do not disclose any information that isn’t necessary and take precautions when you are a seller or a buyer to act responsibly. Upfitter Marketplace is in no way responsible to any buyer or seller for their management of personal information, Upfitter Marketplace is only responsible for information shared with us.


2. Use of our Services: To use our Services you must be 18 years or older. Anyone under the age of 18, but older than the age of 13 should not use our website without parental oversight. Children 13 and younger should not use our site at all. See our privacy policy for what to do if you are a parent who believes their child may have incorrectly communicated information to us.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, however, you must comply with the following at all times:

• Offering to buy or sell outside of Upfitter Marketplace is not allowed. Buyers and sellers also can't share contact information, including email addresses and phone numbers, prior to completing a transaction. Contacting another member to discuss moving a purchase off the marketplace exposes both the buyer and seller to the risk of fraud. 
  
• Use contact information obtained through an Upfitter Marketplace transaction to offer to buy or sell an item outside of Upfitter Marketplace
• You will only use the Services for legal purposes, including only selling and buying legal items, and using the Services in a way that does not infringe upon the rights of any others, including intellectual property rights;
  

• You will not use the Services in a way that restricts or inhibits the use and enjoyment of the Services by any other user or third party;
  

• You will not post offensive, obscene, vulgar, distressful, libelous, false, or defamatory language on the Site or Services;
  

• You will not violate any of these Terms;
  

• You will not steal, reverse engineer, and/or attempt to obtain source code, or illegally harvest any other aspects of the Services;
  

• You will not do anything to interfere with the proper functioning of the Services, including, but not limited to, planting viruses, harming systems, etc.;
  

• You will pay all amounts owed under any transaction you participate in through the Services and collect any applicable tax as may be necessary; and
  

You will follow all Upfitter Marketplace Policies and Terms

Upfitter Marketplace reserves the right to terminate your access to the Services at any time, and without prior notice, with or without reason. However, your use of the Services will definitely be terminated if you violate any of the above. Termination of access does not limit any of Upfitter Marketplace’s other rights or remedies in law or in equity.

3. Signing Up: To just browse the Upfitter Marketplace website you do not need a login, however, if you would like to purchase something from a seller or sell something yourself, you will need to create an account. Review our Privacy Policy relating to the information collected and what is done with it before submitting any information to create your login. For your login, you must submit truthful information about yourself, pick a username that does not include profanities or obscenities, or that infringes on any intellectual property rights, and create a password. We see your username, but not your password. You should keep your password protected and secure.

You are solely responsible for your account and password. That means you are responsible for honoring all transactions and contracts made through your account and ensuring your account abides by all of Upfitter Marketplace’s Policies and Terms. You also may not transfer your account to anyone else to use. Upfitter Marketplace is Only a Facilitator, and you, or any entity you are authorized to represent, do not have an agency, partnership, joint venture, employment, or franchisee relationship with Upfitter Marketplace through utilizing the Services.

4. Our Intellectual Property:  Intellectual property, including copyrights, patents, trademarks and other property or proprietary rights (registered and unregistered), located in and on this Website, except those provided by you on your account, are owned or licensed by Upfitter Marketplace, or otherwise used by Upfitter Marketplace as permitted by applicable law. Upfitter Marketplace reserves all of its rights to its content including, but not limited to, its logo, branding, written content, etc. Nothing in these Terms grant you a right or license to use any trademark, design right, content, or copyright owned or controlled by Upfitter Marketplace or any other third party except as provided in these Terms.
 
5. Your Content: Any images, writing, or other content you post through our Services, which includes on the website, (“Your Content”) is yours and you are responsible and liable for it. Upfitter Marketplace is not responsible or liable for any content a user posts or links to through using our Services. You warrant and represent to us that you have the rights to post any of Your Content and that you are not infringing on anyone’s intellectual property or other rights by posting it. Anything you post for sale you must own. You are solely responsible and should be honest in the pictures and descriptions you post. Do not post anything illegal, vulgar, dishonest, fraudulent, defamatory, libelous, misleading, etc. If we get complaints from buyers about the accuracy of your descriptions, content you are posting, and/or the honesty of dealings, we may shut down your ability to sell through our Services without notice.

 

Links to other resale websites, yard sale social media groups, apps or any other service within your listing is strictly prohibited. We reserve the right to remove your listing for violation of this term.  

 

This is a resale and emergency equipment marketplace. It cannot be used for anything else for which it is intended. Adding advertising of any kind is not permitted. 

Also, by posting Your Content you grant Upfitter Marketplace a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Upfitter Marketplace, your items for sale, and/or the Services in general, in any formats and through any channels. You warrant and represent that you will not to assert any moral, intellectual property, or rights of publicity against Upfitter Marketplace for using Your Content. You recognize we have a legitimate interest in using Your Content, including your username.

If you believe any other user or third party has infringed on your intellectual property rights to Your Content, send a notice to the email address shown below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  

• Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address;
  

• This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and
  

• A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.
  

Upon receipt of the above information, we will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
Designated Agent for Notification of Claimed Copyright Infringement:

support@upfittermarketplace.com


6. Transactions Through Upfitter Marketplace  

Sellers set the prices and any additional terms related to sales through the Services. Sellers may require pick up only, detail shipping costs, and/or any other specific transactional details not detailed in the Services provided by Upfitter Marketplace. Sellers should be clear in any details and terms and Buyers should review these prior to purchase. Sellers are solely responsible for the condition of products advertised and sold through the Services. Sellers should be communicative and responsive to buyers. Buyers can review sellers through the Services. Buyers should be truthful, honest, and not post any fraudulent, defamatory, or libelous reviews. Upfitter Marketplace is in no way responsible or liable for content posted by buyers or sellers.

 

Sellers shall not sell any illegal items, recalled items, firearms, cigarettes, alcohol, drugs, fraudulent, items infringing on any rights of any third party, etc. Sellers are responsible for complying with any intellectual property or other laws and regulations. SELLERS ARE RESPONSIBLE FOR COLLECTING AND PAYING ANY APPLICABLE TAXES ON TRANSACTIONS. Upfitter Marketplace does not determine, collect, or address, any sales or other taxes that may be applicable to a transaction conducted through the Services.  Upfitter Marketplace is in no way liable for the condition, legality, or any aspect of products posted or sold. Upfitter Marketplace, however, has full discretion to remove, delete, or stop any posting or transaction for any reason.

 

7. Payment and Fees: All transactions are handled in US Dollars. Upfitter Marketplace collects a service fee from sellers for every transaction.  All listings on the Services must be for at least $5.00 or more. We collect a 5% service fee per each listing sold, however, there is a minimum service fee of $2, so for a listing that would result in the 5% service fee being below a $2, seller will be charged the minimum service fee of $2. These fees automatically come directly out of the payout from the buyer. By selling through our Services, sellers understand and agree to these fees. SERVICE FEES ARE NON-REFUNDABLE. We do not at this time charge sellers for payment processing fees. Upfitter Marketplace reserves the right to change its service fees and policy on payment processing fees at any time. Sellers will be notified of any such change through an updated Terms notification and continued use of our Services constitutes consent by the Seller to the changed fees. If Sellers do not wish to abide by the changed fees they must stop using our Services.

If we find you violated these terms and conditions we will invoice your account for the balance due using the above fee schedule.

We utilize PayPal, Inc. and Stripe, Inc for payment processors. Our Services can only be used by individuals in countries where these payment providers are enabled. The payment processors are third party providers and sellers and buyers should familiarize themselves with each of their respective privacy policies and terms of use. 

 

Upfitter Marketplace has no control over information collected by PayPal, Inc. or Stripe, Inc. to conduct the transactions through our Services. We do not see or process any of your credit, debit, or bank account data. However, we do see the name and address of buyers and sellers. 

For payments made via Stripe, Inc., a seller must accept a proposed payment within 3 days and a buyer can hold payment and release it to the Seller once the item(s) ordered has been received. Sellers will not receive payment until it has been released by Buyer. Buyers must release the payment once an item(s) has been received. SEE NOTE UNDER SECTION 9. RETURNS/REFUNDS REGARDING STRIPE PAYMENTS. 

 

Upfitter Marketplace does not hold the funds before released to seller, Stripe, Inc. does, so Upfitter Marketplace is not liable or responsible for the holding funds at any time. Funds are not held by Stripe, Inc. for more than 90 days. For both PayPal, Inc. and Stripe, Inc., payment transaction times and payouts are subject to their terms and are not controlled in any way by Upfitter Marketplace. Typically, once authorized, payment occurs within 14 days. However, Upfitter Marketplace does not guarantee any payout time.

Upfitter Marketplace may stop or void a transaction if it deems necessary for any reason, in which no funds will be transferred or the funds will be returned, whichever applicable.

8. Shipping or Meeting: Sellers are responsible and liable for products until they are delivered to the buyer, whether in person or via shipping carrier. Sellers are responsible for shipping costs, or for charging buyer for shipping if they so choose. Upfitter Marketplace is in no way involved, liable, or responsible, for the delivery of products. Delivery terms, timing, condition of products, etc. is strictly between buyer and seller. Buyer and seller can communicate via the Services. Seller should ship item(s) in a reasonable time and communicate expected shipping date to buyer.  

Most of our users are located in the US and the published shipping rates are for US lower 48 states.  Please contact the seller if you are located outside the US prior to placing an order.  International shipping charges can be much higher than the published rates on the sellers listings.

Both buyer and seller should use common sense and safety precautions if meeting in person to deliver an item(s). Meeting in a public place and bringing another person are good practices to consider when meeting. Upfitter Marketplace is not involved, responsible, or liable in any way for meet ups for delivery.

Seller is responsible for choosing any shipping carrier and choosing and paying for any shipping insurance if they so choose.

9. Returns/Refunds: All transactions are considered final with no refunds. However, buyer and seller can work out any return/exchange/refund amongst themselves if they so choose. Returns/exchanges/refunds are solely in the discretion of the Seller. 

 

Upfitter Marketplace does not handle, intervene, or determine if any return/exchange/refund should occur and is not responsible or liable for any returns, exchanges, and/or refunds. Sellers should use all reasonable efforts to avoid the delivery of damaged and/or defective products. If the seller wishes to issue a refund and the payment occured through PayPal, Inc. then Seller can directly issue the refund.
 
PAYMENTS MADE THROUGH STRIPE CAN ONLY BE REFUNDED IF THE TRANSACTION HAS NOT YET BEEN COMPLETED. IF A BUYER IS NOT SATISFIED WITH A PRODUCT THEY RECEIVE, THEY MUST NOT COMPLETE THE CHARGE, BUT RATHER MARK THE CHARGE AS “DISPUTED.”  If the seller approves the refund, Upfitter Marketplace will cancel the charge, and the transaction will not go through. Upfitter Marketplace will not release any refund without express seller authorization. If seller does not approve a refund under Stripe, buyers transaction will be processed and paid to Seller within 100 days.
 
ANY REFUND ISSUED DOES NOT INCLUDE THE UPFITTER MARKETPLACE SERVICE FEE. SERVICE FEES ARE NON-REFUNDABLE. So Buyers will only be refunded the portion of the transaction fee paid to seller. This helps to cover operational time and transaction fee costs.
 
10. Compliance: In addition to our Terms and Privacy Policy, and any other current or future applicable policy, all users agree to abide by all applicable laws and regulations pertaining to the use of our Services and the sale or purchase of items through the Services.
 
11. Indemnification: You agree to indemnify, defend, and hold harmless Upfitter Marketplace, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)“) from and against any and all third party claims, buyer claims, seller claims, and any related liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to, or which may arise from, your use of the Services in which Upfitter Marketplace has no liability or responsibility as described in these Terms and/or your breach of any these Terms, and/or any business, activity or transactions carried out or performed through the Services.
 
12. Liability: UPFITTER MARKETPLACE’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ETC. YOU USE THESE SERVICES AT YOUR OWN RISK. WE MAKE NO GUARANTEES TO: THE SECURITY OF THE SERVICES AT ANY SPECIFIC TIME AND LOCATION, THAT THERE ARE NO DEFECTS OR ERRORS, THAT OTHER USERS MAY BREACH THESE TERMS FROM TIME TO TIME, THE SERVICES WILL MEET ALL OF YOUR EXPECTATIONS, TO THE CONTENT PROVIDED IN THE SERVICES, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIAL HARMFUL PRODUCTS, AND/OR TO THE QUALITY, ACCESSIBILITY, OR CONTINUITY OF THE SERVICES. To the extent that a jurisdiction does not allow all of the limitations on implied warranties, the prohibited limitations shall not apply to you, however, the remainder shall be applicable. 
 
FURTHERMORE, UPFITTER MARKETPLACE AND ITS OWNERS, DIRECTORS, EMPLOYEES, ETC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR THESE TERMS. IN NO EVENT SHOULD OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED $150 OR THE AMOUNT OF SERVICE FEE PAID TO US IN ANY 12 MONTH PERIOD, WHICHEVER IS LESSER. If you are in a jurisdiction in which limitations on consequential and other damages are prohibited, the prohibited limitations shall not apply to you, however, the remainder shall be applicable.
  
13. Disputes: The formation, construction, and performance of these Terms (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and the State of New York without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to these Terms must be submitted to confidential binding arbitration in New York, New York except that Upfitter Marketplace may seek injunctive or other appropriate relief in any state or Federal court in New York if you have violated or threatened to violate the intellectual property rights of Upfitter Marketplace or a third party. The parties agree that:
 

a.  the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);

 

b. any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.

 

c. If any action or claim is filed in contravention of the arbitration rules provided in this section 13, the parties agree to personal jurisdiction and venue in the state and federal courts of New York, New York and both waive the right to a jury trial. All claims filed or brought contrary to this section 13 are improperly filed, and the non-filing party is entitled to recover all attorney’s fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

 
UPFITTER MARKETPLACE AND USERS MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION, AND THE ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
 
14. Miscellaneous:
 

• Termination. As stated above, we can terminate a user’s use of the Services, their account, a posting, or any content at any time. If a User no longer wishes to use the Services, they should delete their account under the “settings” tab of their profile. 
  

• Entire Agreement. These Terms (along with any other policies related to the Services) is the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of these Terms
  

 

• Relationship of Parties. These Terms and other policies relating to the Services do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties.
  

 

• Successors, Assignment, and Delegation. These Terms carry over and continue to the benefit of, and bind, the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under these Terms without written consent from Upfitter Marketplace. Any attempt to do so is null and void. If there is an involuntary assignment, then Upfitter Marketplace may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under these Terms has actually taken place.
  

 

• Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published, except as otherwise provided in these Terms. You guarantee that the information provided to us is accurate and hereby waive all rights or objections relating to not having received notices from Upfitter Marketplace because of incorrect or incomplete information.
  

 

• Enforceability and Severability. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.
  

• Waivers. Waivers are only effective when in writing. If Upfitter Marketplace waives enforcement of any term of this Agreement, later breaches of the same or other terms are not considered waived.
  

• Interpretation Rules. "Or" when used in a group of phrases or nouns intends to include any combination of all or any of the content in the group, and not merely one member or the other of such a group. When "includes" or "including" begins a list of content, the list is not exclusive. All headings used in these Terms are for convenience only, and are not to be taken into account when interpreting the meaning of any term of these Terms.
  

• Reservation. Upfitter Marketplace reserves all rights not expressly granted in these Terms.
  

• No Third-Party Beneficiaries. These Terms do not and is not intended to confer any rights or remedies upon any person(s) other than the parties.
  

• Retroactive Application. You agree that your acceptance of this version of these Terms and all other agreements incorporated by reference apply retroactively to your use of the Services prior to the effective date of these Terms.
  

 

 

Last Updated: 08/2018
 
Contact information

support@upfittermarketplace.com

List of platform services used at Upfitter Marketplace

Corporate location mentioned after the name of the service.

·  Airbrake, USA

·  AWS (Amazon Web Services, US East data center and EU)

·  Chargebee, USA (only for paying customers, not end-users)

·  Convox, USA

·  Github, USA

·  Google Analytics and Google Tag manager, USA

·  Imgix, USA

·  Intercom, USA

·  Kissmetrics, USA

·  Loggly, USA

·  Mailchimp, USA (only for customers and prospects, not end-users)

·  NewRelic, USA

·  OpsGenie, USA

·  PayPal, USA

·  SendGrid, USA

·  Sentry, USA

·  Stripe, USA

·  Typeform, USA

List of cookies and tracking service used in Upfitter Marketplace

AdWords pixel (for online ads and tracking their performance):

·  Doubleclick (part of the AdWords pixel)

·  Google Adwords Conversion Tracking

·  Google Adwords User lists (part of the above)

·  Google Dynamic Remarketing

LinkedIn tracking (for LinkedIn advertising):

·  LinkedIn Ads

·  LinkedIn Marketing Solution

·  LinkedIn Analytics

Facebook (for Facebook advertising and FB Connect login):

·  Facebook Connect

·  Facebook Pixel

·  Facebook Custom Audience (part of Facebook Pixel)

Twitter (For Twitter advertising):

·  Twitter Advertising

·  Twitter Conversion

·  Twitter Analytics

Google Analytics (for analytics and retargeting ads):

·  GA Audiences

·  Google Analytics

Other cookies:

·  Hotjar (User session tracking for usability improvements)

·  KissMetrics analytics (for analytics)

·  Refersion (for affiliate marketing)

·  Intercom (for customer support)

·  Google Tag Manager (for analytics)

·  TypeKit (for webfonts)

·  Profitwell (for churn retention)