The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Unimerce LLC sites. When using particular Unimerce LLC services, applications, or tools, you are subject to any posted policies or rules applicable to services, applications, or tools you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.
The following describes the terms with which Unimerce LLC offers you access to our sites, services, applications, and tools.
Introduction
Welcome to Unimerce LLC. By using Unimerce LLC (including fairsandshows.com and its related sites, services, applications, and tools), you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates. If you reside in the United States you are contracting with Unimerce LLC. If you reside outside of the United States, you are contracting with one of our international Unimerce LLC companies:
This User Agreement is effective upon acceptance of new users. For current users, this Agreement is effective July 1, 2015 and supersedes all previous versions of the Unimerce LLC User Agreement. You accept this User Agreement by clicking the Submit button when registering a Unimerce LLC account; accessing or using Unimerce LLC's sites, services, applications, and tools; or as otherwise indicated on a specific site, service, application, or tool. The previous amendment to the Unimerce LLC User Agreement was effective for all users on March 26, 2018.
Please be advised: This User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against Unimerce LLC. 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.
Scope
Before you may become a member of Unimerce LLC, you must read and accept all of the terms in, and linked to, this User Agreement and the Unimerce LLC Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Unimerce LLC sites, services, or applications, or when you use the tools that are made available to interact with Unimerce LLC sites and services. Some Unimerce LLC sites, services, applications, and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.
Using Unimerce LLC
While using Unimerce LLC sites, services, applications, and tools, you will not:
Abusing Unimerce LLC.
Unimerce LLC. and its community of users (the "Community") work together to keep our sites, services, applications, and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Unimerce LLC.'s program works to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our team.
Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, shill bidding, conducting off-Unimerce LLC. transactions, manipulating Feedback, circumventing temporary or permanent suspensions or harassing our employees or other users). We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue Unimerce LLC. sites, services, applications, or tools.
Holds
To protect against the risk of liability, Unimerce LLC. has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of an Unimerce LLC. PayPal Buyer Protection claim. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Cross-Border Trade
Many of our sites, services, applications, and tools are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools.
Some Unimerce LLC. members may reside outside of the United States and some may not speak English as a primary language. To assist users who speak different languages, we may translate listings and other Unimerce LLC. content, in whole or in part, into other languages. If you are a seller, you may be able to opt out of our automated translation of your listings by, depending on the site, service, applications, or tool involved, using the functionality built into such site, service, applications, or tool. We also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an Unimerce LLC. user. If you request an on-demand translation from such a tool, the accuracy or availability of the resulting translation is not guaranteed.
In some cases, you may be able to sell your items internationally by listing items for sale directly on one or more of Unimerce LLC.'s international sites. Using various tools, services, and experiences, we may display your listing on an Unimerce LLC. site other than the Unimerce LLC. site where you listed your item for sale, including those situations where you choose to list items with an international shipping option (such as worldwide shipping and the Global Shipping Program described below). However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping locations from your listings by creating and applying an exclusion list to your listings. If your item is sold to a buyer on an Unimerce LLC. site other than your Unimerce LLC. site of registration, you agree to be subject to that other site's policies. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
Authorization to Contact You; Recording Calls
You agree to receive calls, including auto dialed and/or pre-recorded message calls, from Unimerce LLC. at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the Unimerce LLC. corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy. Members of the Unimerce LLC. corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services. For more information on the Unimerce LLC. corporate family.
Content
When providing us with content or posting content on Unimerce LLC.'s sites, services, applications, and tools, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Unimerce LLC. users). You may use catalog content solely in connection with your Unimerce LLC. listings during the time your listings are on Unimerce LLC.'s sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Unimerce LLC. policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
Disclaimer of Warranties; Limitation of Liability
We try to keep Unimerce LLC. and its sites, services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, applications, or tools. You further acknowledge that operation of and access to our sites, services, applications, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in Unimerce LLC.'s applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays, or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, services, applications, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Unimerce LLC. responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing, shipping or other guidance we provide in our sites, services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will be achieved from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the existence, quality, safety, or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
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) any amounts due under the Unimerce LLC. Buyer Protection Policy up to the price the item sold for on Unimerce LLC. (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
Release
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Access and Interference
Unimerce LLC.'s sites contain robot exclusion headers. Information on our sites is subject to constant updates and changes. Much of the information on the sites is also proprietary or is licensed to Unimerce LLC. by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
Listing Conditions
By listing an item on Unimerce LLC.'s sites, you agree to pay Unimerce LLC.'s fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: When you list an item on Unimerce LLC.'s sites, your listing will be posted on Unimerce LLC.'s sites and can be viewed in your personal Unimerce LLC. account. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Unimerce LLC. can't guarantee exact listing duration. Unimerce LLC.'s duplicate listing policy may also affect whether your listing appears in search results. Unimerce LLC. reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in Unimerce LLC.'s faq's page.
Purchase Conditions
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on Unimerce LLC., you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the seller to the buyer. Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Unimerce LLC. privacy policy. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Unimerce LLC. privacy policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Unimerce LLC.'s sites, services, applications, or tools, and/or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this User Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Unimerce LLC.'s national registered agent (in the case of Unimerce LLC.) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in Unimerce LLC. policies. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
You and Unimerce LLC. agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Unimerce LLC. User Agreement (hereafter "User Agreement" in this section entitled "Legal Disputes"), your use of or access to Unimerce LLC. sites, services, applications, and tools, or any products or services sold or purchased through Unimerce LLC.’s sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
A. Applicable Law
You agree that the laws of the State of Utah, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Unimerce LLC., except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Unimerce LLC. each agree that any and all disputes or claims that have arisen or may arise between you and Unimerce LLC. relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Unimerce LLC. sites, services, applications, and tools, or any products or services sold or purchased through Unimerce LLC.’s sites, services, applications, or tools shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Unimerce LLC. must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and Unimerce LLC. agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
General
Unimerce LLC. is located at 7611 Sunset Blvd., Los Angeles, CA 90046. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.unimerce.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an eBay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Disclaimer of Warranties; Limitation of Liability, Indemnity, and Legal Disputes.
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.