Terms of Service
Welcome to REFIND! To make these Terms of Service (the "Terms") easier to read, we will sometimes refer to REFIND LLC. as "REFIND", "our", "we", or "us"; we will refer to you as "you" or a derivative of you; and we will refer to a user who creates an account on REFIND as a "User(s)". In some instances when describing interactions between Users we will differentiate between "buyer" Users (each, a "Buyer") and "seller" Users (each, a âSeller").
Please review these Terms, the REFIND Privacy Policy ("Privacy Policy" located at www.joinrefind.com/privacy-policy), and all other policies and rules published by REFIND ("Other Policies"), including those located on Policy page, before you begin using REFIND because the Terms, Privacy Policy, and Other Policies create a legal agreement between you and REFIND. By using REFIND, you accept and agree to be bound and abide by these Terms, our Privacy Policy, and our Other Policies, each of which are incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy, or our Other Policies you are not allowed to, and you must not, access or use REFIND. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND REFIND THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE ARBITRATION GENERALLY AND ARBITRATION AGREEMENT SECTION BELOW FOR DETAILS REGARDING ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE APPLICABLE LAW PROHIBITS MANDATORY ARBITRATION OF DISPUTES, THE AGREEMENT TO ARBITRATE WILL NOT PlatformLY TO YOU BUT THE PROVISIONS OF THE GOVERNING LAW AND JURISDICTION SECTION WILL PlatformLY INSTEAD.
General
REFIND is a platform accessible via website and mobile that connects Buyers and Sellers of certain products (an "Item"), that can result in a purchase of an Item (a "Transaction"). The platform also facilitates interactions between Buyers and Sellers to allow individuals to make offers on, purchase and sell.
In offering the platform, REFIND acts as an intermediary platform provider to allow users to communicate and connect with each other in connection with the sale and purchase of Items. We use third party companies to process payments (the "Payment Processor") by Buyers and to payout funds to Sellers and Buyers and Sellers will be subject to and must comply with the Payment Processor's terms and conditions.
To the extent we accept, hold or transmit funds in connection with a listing, we do so through the Payment Processor. REFIND is not involved in the creation of any Items nor does it directly sell or buy any Items, take title or possession of any Items (with the exception of temporary possession as required to fulfill Verification), or take responsibility for any Items in transit (including any shipment or handling of Items), or ensure the performance of any Items.
Buyers are solely responsible for the purchase of and payment for Items that may be available on or through the platform and resolving any issues related to the Items. Sellers are solely responsible for all listings of the Items and REFIND is not responsible for any descriptions, photographs, assurances of quality or performance of any Items, or otherwise. REFIND reserves the right to terminate or suspend orders, cancel purchases, or to remove Items listings, for any reason and in its sole discretion and except where prohibited by applicable law, REFIND will not be liable to Buyers, Sellers or any third party for doing so.
REFIND IS A PLATFORM. REFIND FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER ON THE PLATFORM BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF ITEMS OR BETWEEN ANY USERS, UNLESS REFIND IS THE SELLER OF THE ITEM.
YOU SHOULD PROTECT YOURSELF AT ALL TIMES, USE YOUR BEST JUDGMENT AND TAKE GREAT SAFETY PRECAUTIONS WHEN MEETING OR INTERACTING WITH OTHER USERS, WHETHER ON THE PLATFORM OR IN PERSON. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND ANY INTERACTION YOU HAVE WITH ANY OTHER USER.
Privacy Policy
Our Privacy Policy describes what information we collect from you, how we collect information from you, and how we use and share information we collect from you. For more information, please visit our Privacy Policy.
REFIND Users
The platform was created by avid jewelry fans who were seeking a marketplace for the Items you can find on the platform. For this reason, REFIND does not prohibit any of REFINDâs directors, officers, members, managers, employees, affiliates, successors and assigns (each, a "REFIND Representativeâ) from using the platform. All REFIND Representatives who are acting as Users must abide by these Terms. Account Information and Right to Use the platform.
Account Creation and Profiles
The platform allows a User to create a REFIND account ("Account"). A User may create an Account by entering their first name and last name and selecting a username and password, which, for the purposes of these Terms, will be considered "User Information". Once an Account is created, if the User wishes to sell Items, the User will need to create an Account profile ("Profile") by providing requested information, at which point the User may be allowed, at our discretion, to sell Items on the platform. All Sellers must provide the following information in their Profile: (1) first and last name, (2) email address, (3) physical address, and (4) phone number. All Users may provide additional information as requested in your Profile and Account (the foregoing will also be considered "User Informationâ).
Please Note: While REFIND collects User Information, it makes no effort or attempt to verify or ensure such User Information is correct, accurate, complete and not misleading. It is a condition of your use of the platform that all the information you provide is current, complete, accurate, and not false or misleading. You agree that all information you provide to register with the platform, is governed by our Privacy Policy, and to the maximum extent permitted by applicable law, you hereby consent to all actions we take with respect to your information consistent with our Privacy Policy.
It is a condition of your use of the platform as a Seller that you review and agree to comply with the Canada Post Website Terms of Use, available here: https://www.canadapost-postescanada.ca/cpc/en/support/kb/general-inquiries/general-information/legal-terms-of-use-and-conditions. By agreeing to these Terms of Service, I agree to be bound by the UPS Tariff/Terms and Conditions of Service and the UPS Technology Agreement and End User Rights in effect at the time of shipping with UPS and that I will not attempt to ship any items prohibited by UPS, or any UPS-regulated items, without an express written contract with UPS (click to view List of Prohibited Articles for Shipping).
Account and User Information Protection
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or User Information, or any unauthorized breach of your Account or User Information.
You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the platform or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk and still are liable for all use of your Account and User Information, even if such use was not authorized.
We have the right to disable any Account at any time in our sole discretion, for any reason, including if, in our opinion, you have violated any provision of these Terms.
Unauthorized Use of Your Account
REFIND will not be liable for any direct or indirect loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable legal fees for your failure to safeguard your User Information and/or promptly notify REFIND about unauthorized use of your Account or breach of your Account information or password.
No Guarantee of Access
We reserve the right to withdraw or amend the platform, and any feature or material we provide as part of the platform, in our sole discretion without notice. In addition, the platform may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the platform is unavailable at any time or for any period.
Use and Access Restrictions
We reserve the right to refuse the use of, or access to, the platform to anyone, for any reason, at any time. From time to time, we may restrict access to the platform, or any portion thereof, to Users, including registered Users. We may, in our sole discretion, terminate your right to use the platform with or without cause at any time, and may prevent your future use of the platform. In addition, in accordance with its anti-money laundering, anti-terrorism, anti-fraud, and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary, if applicable, to utilize the platform. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the platform. You may terminate this Agreement by simply discontinuing use of the platform.
Your Responsibilities Before and After Termination
REFIND has no obligation to retain or provide you with copies of your Account Information (as defined below), User Information, or otherwise. "Account Information" is an encompassing term that is meant to include your User Information as well as Transaction history, Items listed for Transactions, conversations with other Users, if and when such functionality becomes available on the platform, Payment Account information and similar information concerning the platform and your platform usage. This list is meant to be illustrative and not exhaustive. REFIND shall not be liable to you for any deletion, loss, corruption or withholding of your Account Information or User Information. You are solely responsible to copy and maintain all Account Information and User Information contained in your Account and Profile. In the event that you terminate your Account, or we terminate your right to use the platform, REFIND may restrict your access to any Account Information, User Information or material that you may have used or stored in the platform.
Use Requirements
You agree that you will not (and will not encourage or enable another User or third party to): Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; Use the platform for any unlawful purpose or for the promotion of illegal activities; Use the platform to, or to attempt to, harass, abuse, or harm another person or group; Provide others with access to or use of your Account, or use the Account or any other User's Account without permission; Provide false or inaccurate information in the platform or in your Account, including making any false representations with respect to whether you are using the platform for personal, family or household purposes, or for business purposes; Use the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to in appropriate content, asking for personally identifiable information, or otherwise; Make any automated use of the Platform, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the Platform; Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the Platform or materials we provide as part of the Platform; Attempt to decipher, decompile, disassemble, extract or reverse engineer any source code of or any software used to provide the Platform, unless applicable laws prohibit these restrictions, or you have our written permission to do so; Use any software, technology, or device to scrape, spider, or crawl the Platform or harvest or manipulate data; Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; Bypass any measures we take to restrict access to the Platform; Use the Platform to solicit sales outside of the Platform or to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Engage in market manipulation, for example the creation and use of multiple accounts in an effort to create the appearance increased demand for an Item; Use the Platform for the distribution or sale of counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items; Distribute or sell counterfeit, unauthorized, stolen, B-grade, or similar non-authentic Items; Engage or assist in any activity that violates any law, statute, ordinance, by-law, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC") and any similar laws in any other jurisdiction, or that involves proceeds of any unlawful activity (including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Platform); Use the Platform to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners the rights to participate in an initial coin offering (ICO) or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi (or decentralized finance) yield bonuses, staking bonuses, and burn discounts; Fabricate in any way any Transaction or process related thereto; Place misleading bids or offers; Disguise or interfere in any way with the IP address of the computer you are using to access or use the Platform or that otherwise prevents us from correctly identifying the IP address of the computer you are using to access the Platform; Transmit, exchange, or otherwise support the direct or indirect proceeds of criminal or fraudulent activity; Violate any applicable law or regulation; Encourage or enable any other individual to do any of the foregoing; or Otherwise interfere or attempt to interfere with the proper functioning of the Platform.
REFIND is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content (as defined below), at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on the Platform is prohibited. If you have reason to believe that an asset listed on the Platform was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your Account being suspended from the Platform. Unauthorized use may result in criminal and/or civil prosecution under federal, provincial or state, and local law. If you become aware of misuse of our Platform, please contact us at hello@joinrefind.com.
Your Rights to Use the Platform
Buyers are permitted to use the Platform for your own personal, household, family or business purposes, in accordance with the terms herein. Sellers represent and warrant to us that you will use the Platform for business purposes only, in accordance with the terms herein. For the avoidance of doubt, Sellers are not permitted to use the Platform for their own personal, household or family purposes. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the Platform. You will use the Platform in full compliance with all applicable laws and regulations with regard to your use of the Platforms, including all applicable laws. If you breach any of these Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform, or any content on the Platform is transferred to you. We reserve all rights that are not expressly granted to you under these Terms.
User Interactions / Interactions with other Users
REFIND has built the Platform in order to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other's identity or identifying information and the degree to which REFIND helps facilitate User interactions may vary from time to time. REFIND does not conduct criminal background or identity verification checks on the Users or otherwise inquire into the background of its Users. REFIND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. REFIND RESERVES THE RIGHT TO CONDUCTâAND YOU AUTHORIZE REFIND TO CONDUCTâANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. REFIND strives to encourage a respectful User experience on the Platform. We encourage you to take steps to help you stay safe when meeting or interacting with other Users, whether on the Platform or in person, such as not sharing your financial information or sending money directly to other Users, protecting your personal information when communicating with other Users, and reporting all suspicious and offensive behavior or any concerns through the User reporting tool in the Platform and/or by emailing REFIND at hello@joinrefind.com.
REFIND is not responsible for the conduct of any User on or off the Platform. You agree to use caution in all interactions with other Users in the Platform and in person, including when meeting with other Users in person to pick up or hand off a purchased Item. SUBJECT TO APPLICABLE LAW AND AS FURTHER PROVIDED IN THESE TERMS, REFIND IS NOT AND SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE AND HOLD HARMLESS REFIND FROM, ANY AND ALL DIRECT OR INDIRECT LOSS, DAMAGE, HARM, INJURY, OR CLAIMS THAT ARISE FROM OR ARE RELATED TO USER INTERACTIONS, ENGAGEMENTS, OR OTHER USE OF THE PLATFORM.
User Legal Compliance
We require that Users comply with all applicable laws regarding Transactions, which may include licensing, business registration and other similar requirements and obligations. It is solely the responsibility of each User, and not of REFIND, to determine which laws are applicable to them and ensure that they are in compliance with such laws and that they have all necessary rights and licenses to buy and sell the Items. You acknowledge and agree that the use, listing, purchase, distribution, promotion, advertising, and sale of certain Items are subject to federal, provincial or state, and local regulations, including, but not limited to, firearms, knives, recalled products, children's products, alcoholic beverages, cannabis, tobacco, food and drug products, medical devices, cosmetics, natural health products, coins, and currency. You expressly represent that you shall comply with all applicable federal, provincial or state, and local laws, statutes, ordinances, by-laws, and regulations relating to your use, listing, purchase, and distribution, promotion, advertising, and sale of any Items through the Platform (hereinafter, the "Regulations"). You shall at all times defend, indemnify and hold REFIND, its parent, subsidiaries, affiliates, and its and their respective shareholders, members, partners, officers, directors, employees, agents, joint venturers, and successors and assigns, harmless from, and against, all causes of action, suits, claims, demands, judgments, liabilities, direct or indirect losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising under or resulting from: (i) your use, purchase, listing, or distribution of any Items in violation of any Regulations; (ii) your use of the Platform in connection with the purchase of Items subject to any Regulations; and (iii) your alleged or actual violation or breach of any Regulations. Please Note: While we require all Users to comply with applicable law, we make no effort to verify or ensure such compliance and we do not guarantee that (i) the Platform complies with applicable laws; (ii) Users will be in compliance with applicable laws while using the Platform; or (iii) transactions occurring through the Platform comply with applicable laws. Except where prohibited by applicable law we hereby disclaim all liability for any claims arising from, in connection with or relating to (i) the Platform's compliance with applicable laws; (ii) a User's compliance with applicable laws while using the Platform; or (iii) whether transactions occurring through the Platform are in compliance with applicable laws. Except where prohibited by applicable law you hereby remise, release and forever discharge REFIND and the REFIND Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of (i) whether the Platform complies with Applicable laws; (ii) whether a User's is in compliance with Applicable laws while using the Platform; or (iii) whether transactions occurring through the Platform are in compliance with Applicable laws.
Pricing Billing and Fees
Pricing At this time, it is free to create an Account and use the Platform. However, Sellers are required to pay fees related to Transactions. These fees are outlined on our FAQs, which may be updated or amended from time to time. Due to the presence of these potential fees, Users may be required, upon registering their Account, to enter a desired payment method as prompted ("Payment Method"). You authorize REFIND and/or its Billing Agent to bill you in a manner consistent with its fee structure. Fees and charges that are due as a result of a Transaction are automatically billed to your Payment Method upon a Transaction.
Current Payment Information
You must provide REFIND with current payment information upon registration, change of payment information, and at REFIND's request. You are solely responsible for maintaining and updating your payment information. REFIND is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Method.
Billing Authorization
The following shall apply if you sign up for an Account: You authorize REFIND and/or any other company that bills for products or services, or acts as billing agent for REFIND ("Billing Agent") to charge and/or place a hold on your Payment Method for any charges or fees related to your use of the Platform. You authorize REFIND and/or Billing Agent to charge and/or place a hold on your Payment Method for any charges related to your use of the Platform. You authorize the party that issued your Payment Method to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of these Terms is authorization to the issuer to pay all such amounts. You authorize REFIND and/or its Billing Agent to continue to attempt to charge your Payment Method for all amounts described herein, or any portion thereof, until such amounts are paid in full. If the Payment Method on file is declined or otherwise rejected for any fee or membership charge, the User shall have 7 days to provide updated information and payment. Failure to cure the within the 7-day grace period may, at REFIND's sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation from failure to pay a fee, they will be required to satisfy any debts owed to another User or to REFIND before a new Account can be created.
Transactions
Item Transactions Generally
Sellers may list an Item for sale in the Platform. By listing an Item in the Platform, Sellers create a binding offer to sell that particular Item at a specified price ("Listing Price"). When a Listing Price aligns with a Buyer's specified buying price (an "Offer"), the Platform processes an automatic purchase Transaction. Buyer's Payment Method is immediately charged the total amount of the Transaction, which includes the purchase price plus all Applicable fees. Upon the occurrence of a Transaction, Seller ships the Item to Buyer using a pre-paid shipping label provided to Seller by REFIND or REFIND's third party service provider(s). Within 10 days of the Buyer's receipt of the Item(s), the Applicable purchase price, less any Applicable fees payable by the Seller to REFIND pursuant to the Fee Schedule, will be transferred to the Seller via the Payment Processor (a "Payout Transaction"). The amounts available for Payout Transactions may be reflected on the Platform as the Seller's REFIND Account Balance. It is your responsibility to ensure that all information provided is accurate for a proper transfer. REFIND may be unable to recover money transferred to an improper account based on the information provided by Users. Seller shall be responsible for the cost of fees charged by the Payment Processor for transfers, and Seller should review the Payment Processor's terms and services as rates are subject to change and beyond the control of REFIND. Sellers will be subject to and must comply with Payment Processor's terms and conditions. If available for a given Transaction, a Buyer have a verification process whereby REFIND verifies the Item purchased by the Buyer. Upon the occurrence of a Transaction whereby the Buyer receives Verification, Seller will ship the Item to REFIND. REFIND then conducts a verification process in which REFIND determines the accuracy of the Item's description, condition and authenticity. Once REFIND determines, in its sole discretion, that the Item is authentic and that its description is accurate, REFIND confirms the Transaction can proceed and ships the Item to Buyer. If a Buyer participates in the Verification, such Buyer will be charged an additional fee, payable to REFIND, as set out on the REFIND FAQs.
Seller Responsibilities for Item Transactions:
A Transaction occurs when a Listing Price and an Offer align. Upon a Transaction, Sellers are responsible to ship the Item in accordance with REFINDâs shipping policy, which is subject to change, and is available at all times on the REFIND FAQs. To benefit Sellers, directly or indirectly through its third party servicer provider(s), REFIND provides a pre-paid shipping label that Sellers use to ship an Item to Buyer, or to REFIND in the case of a Verification. Should, for any reason, the cost to ship an Item exceed the pre-paid label price, Seller shall be responsible for any additional payment necessary to ship the Item. Failure to abide by shipping policies may, at the sole discretion of REFIND, result in penalties. Sellers are responsible for the accuracy of an Item's description. Sellers are required to ensure that the Item matches exactly the image that is displayed on the Platform, and that the described condition of the Item is a true and accurate description of the condition of the Item. Any inaccuracy, whether it be the description, condition or authenticity of an Item, may, at the sole discretion of REFIND, result in penalties. If Sellers have any questions regarding REFIND's authentication process or its condition evaluation process, Seller is responsible for reviewing these items on the REFIND FAQs.
Penalties arising from Seller-related issues may include but are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 (USD) for Transaction less than $45.00 (USD), whichever is greater, plus Applicable Taxes and additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Seller Items from the Platform; (iii) cancellation of any or all of Seller's pending Transactions on the Platform; (iv) withholding of any payments due to Seller; (v) limitations on Seller's ability to buy and/or sell Items; (vi) charges to Seller's REFIND Account for costs, expenses, and fees incurred by REFIND as a result of Seller's failure to properly comply with these Terms; and (vii) temporary or permanent suspensions of Seller's Account. REFIND has no obligation to return Items that do not conform to the Seller's description, and Seller is responsible for any fees associated with any return or disposal of the Item(s). REFIND has no obligation to return any Item that is deemed counterfeit, unauthentic, stolen, unauthorized, b-grade, or similar, but rather, REFIND may turn those Items over to the proper authorities, and Seller is responsible for any fees associated with this action.
Buyer Responsibilities for Item Transactions:
When a Buyer places an Offer, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and Taxes. More information regarding fees and Taxes can be found in our Fee Schedule. Upon a Transaction, a Buyer authorizes REFIND to charge Buyer's Payment Method. Buyer is responsible for updating Payment Method information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction. Penalties arising from payment-related issues may include but are not limited to (i) additional charges of 15% of the total Transaction amount, or $12.00 USD for Transaction less than $45.00 USD, whichever is greater, plus Applicable Taxes and additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item; (ii) removal of any or all Buyer's Seller Items if said Buyer also acts as a Seller on the Platform; (iii) cancellation of any or all of Buyer's Seller pending Transactions on the Platform; (iv) withholding of any payments due to Buyer in its capacity as Buyer or Seller; (v) place limits on Buyer's ability to buy and/or sell Items; (vi) charges to Buyer's Payment Method or subsequently provided means of payment for costs, expenses, and fees incurred by REFIND as a result of Buyer's failure to properly comply with these Terms and; (vii) temporary or permanent suspension of Buyer's Buyer and/or Seller Account. REFIND Responsibilities for Item Transactions: Seller will ship the Item directly to the Buyer using the pre-paid shipping label provided to the Seller by REFIND or REFIND's third party service provider(s). REFIND, through the Payment Processor, will issue payment to Seller within 10 days of the date of evidence of Buyer's receipt of the Item(s). In the event that a Buyer disputes the Item for any reason, REFIND may, at its sole discretion, delay the distribution of payment, request the Item be sent to REFIND, request the Item be returned to the Seller, or issue a refund to the Buyer. This list of actions is meant to be illustrative rather than exhaustive.
For Transactions subject to the Verification, REFIND conducts a verification process using commercially reasonable efforts to determine the authenticity of each Item and the accuracy of the Item's description, including its condition ("Item Verification"). Notwithstanding the foregoing, except where prohibited by Applicable law or as otherwise set out in our High Value Loss Reimbursement Policy, REFIND shall not be liable or responsible for any User's damage, direct or indirect loss, costs or expenses arising from any Item Verification, regardless of whether or not such damage, loss, costs or expenses arise from the negligence of REFIND. In the event that an Item cannot be authenticated, or is determined to be inaccurately described, REFIND shall notify the Buyer and the Seller of REFIND's conclusion, which results in an automatic cancellation of the Transaction and a refund to the Buyer's Payment Method. Once REFIND determines that the Item meets the necessary criteria, In the event that an Item is authenticated, REFIND will ship the Item to the Buyer, and will provide shipping notice and tracking information. Except as may be otherwise set out in our High Value Loss Reimbursement Policy, REFIND shall not be responsible for any Item that is damaged or lost during shipping. As above, REFIND, through the Payment Processor, will issue payment to Seller within 10 days of the date of evidence of Buyer's receipt of the Item(s). REFIND may, in its sole discretion, provide historical REFIND sales data and estimated values for Items. REFIND is under no obligation to provide such data, but rather may choose to do so for the benefit of its Users. REFIND's historical sales data and estimated values in no way suggest or guarantee that Items will sell for an amount that is close to or that exceeds the amount of any past Transaction or for estimated value. We hereby disclaim all liability for any claims arising from, in connection with or relating to any historical sales data or estimated values for Items that we may provide on the Platform. You hereby remise, release and forever discharge REFIND and the REFIND Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of any historical sales data or estimated values for Items that we may provide on the Platform.
Return Policy
The REFIND return policy can be found on the REFIND FAQs. If you experience a problem with your purchase or Item, and you cannot find the proper answer on our FAQ page, please contact us at hello@joinrefind.com.
Taxes
You are solely responsible for all costs incurred by you in using the Platform and determining, collecting, reporting and paying all Applicable Taxes. In certain jurisdictions REFIND may be required to remit certain sales Taxes with respect to your sales in that jurisdiction to the Applicable governmental agency on its own return. In such cases, REFIND shall collect and/or retain any such Applicable taxes and remit such taxes to the Applicable governmental agency. As used herein, "Tax(es)" means the taxes, duties, levies, tariffs, and other governmental charges that may be required by Applicable law to be paid, collected and/or remitted to governmental agencies, and other similar municipal, provincial or state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Platform and the sale of Items, as Applicable. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Platform. We reserve the right to report any activity occurring using the Platform to relevant tax authorities as required under Applicable law. All fees and other amounts payable to REFIND are exclusive of any Applicable sales taxes, and you are responsible for paying any Applicable sales taxes in addition to such fees or other amounts. Intellectual Property and Account Information
Intellectual Property Ownership
REFIND and its licensors are the sole owners of all right, title, and interest in and to the Platform, including all software and technology therein, as well as any and all intellectual property rights arising therefrom or existing therein. Except as otherwise provided herein or as authorized in writing by REFIND, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the Platform. If you wish to make any use of material provided as part of the Platform other than as set out in these Terms, please address your request to: hello@joinrefind.com. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. We reserve all rights that are not expressly granted to you under these Terms. Cooperation with Law Enforcement Without limiting any term or provision of these Terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Items on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Copyright Complaints
REFIND respects the intellectual property rights of others and expects its users to do the same. It is REFIND's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, REFIND will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to REFIND's Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to REFIND's Designated Copyright Agent. Upon receipt of the Notice as described below, REFIND will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform. DMCA Notice of Alleged Infringement ("Notice") Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify the material that you claim is 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, including at a minimum, if Applicable, the URL of the link shown on the Platform where such material may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to REFIND's Designated Copyright Agent: Copyright Agent c/o REFIND, LLC. 8033 W Sunset Blvd #889 Los Angeles, CA 90046
Liability, Indemnification, and Disputes
Assumption of Risk You agree and acknowledge the world is a dangerous place and you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the Platform, or in-person interactions. In the event that Users interact on the Platform, REFIND encourages all Users to take proper precautions. Except where prohibited by Applicable law, we hereby disclaim all liability for any claims arising from, in connection with or relating to your communication with another User on, through, or while using the Platform. Except where prohibited by Applicable law, you hereby remise, release and forever discharge REFIND and the REFIND Representatives of and from any and all claims whatsoever which you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of your communication with another User on, through, or while using the Platform. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, REFIND encourages the User to contact us at hello@joinrefind.com. BY USING THE Platform AND ENTERING INTO A TRANSACTION YOU ARE ACKNOWLEDGING THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE Platform AND ENTERING INTO A TRANSACTION.
No Warranties THE Platform, AND ANY CONTENT OR INFORMATION THEREIN, INCLUDING USER CONTENT, AS WELL AS ANY ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND. FOR CERTAINTY, WE DO NOT REPRESENT OR WARRANT THAT THE Platform OR ANY TRANSACTIONS THAT OCCUR USING THE Platform COMPLY WITH Applicable LAWS. EXCEPT FOR ANY SPECIFIC WARRANTIES OR CONDITIONS PROVIDED OR AS OTHERWISE REQUIRED OR PERMITTED BY LAW, TO THE EXTENT PERMITTED BY Applicable LAW, REFIND MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS REGARDING THE Platform, USER CONTENT, THE USE OR PERFORMANCE OF THE Platform, ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO THE Platform (INCLUDING ANY CONTENT AND INFORMATION THEREIN), USER CONTENT, ANY ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND, REFIND EXPRESSLY DISCLAIMS ALL WARRANTIES CONDITIONS OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REFIND MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE Platform, USER CONTENT, ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE Platform OR FROM ANY USER CONTENT, ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTIES OR CONDITIONS AND IN SUCH CASES THE DISCLAIMERS CONTAINED HEREIN MAY NOT PlatformLY TO YOU. REFIND IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. REFIND HAS NO DUTY OR RESPONSIBILITY TO ENSURE THAT A USER HAS PROVIDED A VALID AND PROPER PAYMENT METHOD TO CONDUCT A TRANSACTION, OR TO DETERMINE IF A USER'S PAYMENT INSTRUMENT IS IN GOOD STANDING AND SUFFICIENT TO CONDUCT A TRANSACTION. USERS UNDERSTAND THAT THEY MAY INCUR FEES AND/OR CHARGES AS A RESULT OF REFIND TRANSACTIONS UNDER THE TERMS OF AGREEMENTS WITH PAYMENT INSTRUMENT ISSUERS, OR REFIND MAY BE UNABLE TO FACILITATE SOME TRANSACTIONS.
Disclaimers of Liability IN NO EVENT SHALL REFIND BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, OR PUNITIVE DAMAGES, HOWEVER ARISING. REFIND SHALL NOT BE RESPONSIBLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY OR DAMAGES ARISING FROM OR IN RELATION TO YOUR USE OF THE Platform, WHETHER ARISING FROM A TRANSACTION, USER CONTENT OR OTHERWISE, OR ANY ITEM VERIFICATION, REFIND HISTORICAL SALES DATA, ESTIMATED VALUE OR ANY OTHER PRODUCT OR SERVICE PROVIDED BY REFIND; THIS DISCLAIMER INCLUDES ANY AND ALL LIABILITY AND DAMAGE ARISING FROM HARM OR DIRECT OR INDIRECT LOSS TO YOU, YOUR ITEM(S), YOUR REAL OR PERSONAL PROPERTY. ADDITIONALLY, REFIND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSSES ARISING FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCOUNT, INABILITY TO ACCESS YOUR ACCOUNT OR USER CONTENT, ABILITY TO USE THE Platform, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, OR DEFECT OF THE Platform. WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY CLAIMS ARISING FROM, IN CONNECTION WITH OR RELATING TO THE Platform'S COMPLIANCE WITH Applicable LAWS OR YOUR COMPLIANCE WITH Applicable LAWS WHILE USING THE Platform, INCLUDING YOUR COMPLIANCE WITH Applicable CONSUMER PROTECTION LAWS AS A SELLER OF ITEMS TO CONSUMERS THROUGH THE Platform. WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR Platform IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES. REFIND WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE Platform, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE Platform; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. IF YOU ARE IN ANY WAY CONCERNED ABOUT ANOTHER USERS' SUITABILITY FOR THIS Platform, PLEASE LET US KNOW IMMEDIATELY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND IN SUCH CASES SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN MAY NOT PlatformLY TO YOU. User Disputes ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER IS TO BE RESOLVED BY YOU AND SUCH USER. REFIND HAS NO RESPONSIBILITY TO RESOLVE ANY USER DISPUTE AND, EXCEPT WHERE PROHIBITED BY Applicable LAW, SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH USER DISPUTE. AS SUCH, YOU HEREBY RELEASE REFIND FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES AND DIRECT OR INDIRECT LOSSES OF EVERY KIND ARISING FROM ANY USER DISPUTE. Limitation of Liability REFIND'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO REFIND IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH LIABILITY; PROVIDED THAT IF YOU HAVE PAID NO SUCH AMOUNTS, REFIND'S MAXIMUM LIABILITY TO YOU SHALL BE THE GREATER OF USER'S TOTAL FEES TO REFIND FOR THE 12 MONTHS PRIOR TO THE CLAIM OR $100.00 USD. IF YOU RESIDE IN THE PROVINCE OF QUĂBEC, THE FOREGOING EXCLUSION WILL NOT PlatformLY TO THE DIRECT CONSEQUENCES OF AN ACT OF REFIND OR ITS REPRESENTATIVES. SOME OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES AND IN SUCH CASES SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS CONTAINED HEREIN MAY NOT PlatformLY TO YOU. Indemnification by You YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS REFIND AND ITS AFFILIATES (INCLUDING ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS AND AGENTS) FROM AND AGAINST ANY AND ALL LIABILITIES, COSTS, EXPENSES, DIRECT OR INDIRECT LOSSES, OR OTHER AMOUNTS (INCLUDING REASONABLE LEGAL FEES) INCURRED BY REFIND THAT ARISE FROM ANY CLAIM, DEMAND, OR CAUSE OF ACTION RELATING TO (1) YOUR USE OF THE Platform, INCLUDING WITH RESPECT TO ANY TRANSACTION IN WHICH YOU ARE INVOLVED, (2) OUR USE OF YOUR ACCOUNT INFORMATION, (3) YOUR DISPUTES WITH OTHER USERS, (4) ANY OTHER USER'S ACTIONS OR OMISSIONS, AS THEY RELATE TO YOU, (5) YOUR BREACH OF THESE TERMS, (6) YOUR BREACH OF THE OTHER POLICIES, (7) YOUR MISUSE OF THE Platform, (8) YOUR VIOLATION OF ANY LAW, (9) YOUR USER CONTENT, OR (10) YOUR VIOLATION OF ANY OTHER USER'S OR THIRD PARTY'S RIGHTS. AS STATED THROUGHOUT, EXCEPT WHERE PROHIBITED BY Applicable LAW, REFIND SHALL NOT BE LIABLE, AND SHALL BEAR NO LIABILITY, IN CONNECTION WITH ANY TRANSACTION. REFIND DOES NOT BUY OR SELL ITEMS AND IS NOT A PARTY TO THE AGREEMENT OF PURCHASE AND SALE OF ITEMS BETWEEN BUYERS AND SELLERS. ANY TRANSACTION IN WHICH A REFIND REPRESENTATIVE IS ACTING AS A USER SHALL BE CONSTRUED AS A USER TO USER TRANSACTION AND NOT AS A TRANSACTION INVOLVING REFIND. ANY DAMAGES OR LIABILITIES THAT ARISE FROM OR IN CONNECTION WITH A TRANSACTION WILL BE YOUR SOLE RESPONSIBILITY. Limitation on Time to File Claims YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR USE OF THE Platform MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Force Majeure EXCEPT WHERE PROHIBITED BY Applicable LAW , REFIND SHALL HAVE NO LIABILITY FOR DELAYS OR FAILURE TO MEET RESPONSIBILITIES FROM ANY CONDITION OR EVENT THAT IS BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO GOVERNMENTAL ACTION, ACTS OF TERRORISM, ACTS OF NATURE INCLUDING EARTHQUAKES, FIRE, FLOOD, OR OTHER ACTS OF GOD; OR LABOR CONDITIONS. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND IS NOT EXHAUSTIVE. Arbitration Agreement, Jury Trial Waiver, Class Action Waiver and Dispute Resolution Arbitration Agreement Except as prohibited by law and subject to any right you have to bring a claim against REFIND in small claims court in the county or province in which you reside, or in Los Angeles, CA, you agree and acknowledge that the exclusive means for resolving any dispute or claim arising from the Terms or your use of the Platform ("Dispute") shall be binding, individual arbitration and not in a class, representative or consolidated action or proceeding. Any action to enforce an arbitration decision, including any proceeding to confirm, modify, or vacate an arbitration decision, may be commenced in any court of competent jurisdiction, pursuant to the Governing Law and Jurisdiction section below. As limited exceptions, you and REFIND may seek to resolve a Dispute in small claims court if it qualifies; and (ii) you and REFIND each retain the right to seek injunctive, interlocutory or other equitable relief from a court to prevent (or enjoin) the infringement, passing off or misappropriation of your or our intellectual property rights. Subject to the foregoing, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. You can decline the provisions of this Arbitration Agreement within 30 days of accepting these Terms by emailing REFIND at: hello@joinrefind.com. Your opt out email must include your name and a statement manifesting your intent to opt out of the arbitration provisions of this Arbitration Agreement. By agreeing to arbitration under the Rules (as defined below), you agree that the arbitrator, and not any federal, provincial or state, or local court or agency, shall have the exclusive power to rule on the interpretation, applicability, and enforceability of the Arbitration Agreement, as well as on all substantive and procedural claims involved in the Dispute. All arbitration shall be conducted by a neutral arbitrator under the Consumer Arbitration Rules ("Rules") of the American Arbitration Association ("AAA"). Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all of our legal fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of legal fees and expenses to the extent provided under Applicable law. Subject to the foregoing, each party will be solely responsible for any and all fees incurred by such party in connection with the arbitration. Unless you exercise your right to an oral hearing, arbitration shall be conducted by written submissions. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims or disputes to REFIND at the address specified in the Contact Information section of these Terms. If we begin arbitration proceedings against you, we will provide you notice using your User Information. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this Arbitration Agreement. The AAA's Rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. YOU AND REFIND AGREE: (I) THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND (II) IF THE PARTIES' DISPUTE IS RESOLVED THROUGH ARBITRATION, THE ARBITRATOR MAY NOT CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING ("CLASS ACTION WAIVER"). If this specific Class Action Waiver is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. Except as set forth herein, if any term or provision of this Arbitration Agreement is held invalid or unenforceable, such term or provision shall be severed from this Arbitration Agreement, and the remainder of the terms and provisions shall remain in full force and effect. Governing Law and Jurisdiction Unless otherwise prohibited by Applicable law, any claim relating to the Platform shall be governed by the laws of the State of California, without regard to any conflict of law provisions; provided, however, that the Arbitration Agreement above shall be governed by the Federal Arbitration Act. In the event that any or all of the arbitration provision is held to be unenforceable, any litigation against REFIND may be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Miscellaneous Contact Information REFIND INC. is the official legal name of REFIND, and we are a Delaware corporation. Please send all feedback, comments, requests for technical support, and other communications relating to the Platform to: hello@joinrefind.com. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit any feedback or comments you provide to REFIND and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such feedback or comments, whether in whole or in part, and whether as provided or as modified. Enforceability Even if REFIND does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Our failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written. Any and all waivers by REFIND of any provision, condition, or requirement of these Terms will only be effective against REFIND if it is in writing and signed by an authorized officer of REFIND. No waiver by REFIND of any term or condition set out herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of REFIND to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Links to Third-Party Websites, applications, Software, or Content As part of the Platform, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties, and the Platform may also integrate with, or be accessible through, Other applications including software and services provided by third-parties (collectively, "Third-Party Content"). These links are provided as a courtesy to Users. REFIND has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by REFIND. We are not responsible for any Third-Party Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by REFIND. In addition, REFIND disclaims liability for any direct or indirect loss, damage and any other consequence resulting directly or indirectly from or relating to your use or access of Third-Party Content or any information that you may provide or any transaction conducted with or through the Third-Party Content or the failure of any information, software or services posted or offered by such service providers or any error, omission or misrepresentation by such service providers or any computer virus arising from or system failure associated with the Third-Party Content. If you decide to leave the Platform and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the Applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the Platform. You may incur charges, such as message and data charges, from your wireless provider for any SMS messages that you send or receive in connection with your use of the Platform. You agree that you are solely responsible for any such charges. Entire Agreement & Severability These Terms and our Privacy Policy constitute the sole and entire agreement between you and REFIND regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms. Email and Legal Notice Communications made through the REFIND e-mail and messaging system, if and when available, will not constitute legal notice to REFIND in any situation where notice to REFIND is required by contract or any law or regulation. You Consent to Receive Electronic Communications For contractual purposes, you (1) consent to receive communications from REFIND in an electronic form via the email address you have submitted; and (2) agree that all Terms, agreements, notices, disclosures, and other communications that REFIND provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy located at www.joinrefind.com/privacy-policy. You may opt out of such email by changing your Account settings or sending notice of opt out to hello@joinrefind.com. We May Amend the Platform and these Terms We may update the Platform (including its content, materials, and features) from time to time. Please be advised that any content contained on the Platform may not necessarily be complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. We may revise and update these Terms from time to time in our sole discretion. All changes become effectively immediately when we post them and upon your continued use of the Platform. It is your responsibility to check the Platform from time to time, so you are aware of any changes. If you continue to use the Platform after we post revised Terms, Privacy Policy, or other policy you signify your agreement to such revised Terms and policies. However, where required by law, we will notify you of material changes to the Terms or other policies by posting a notice in the Platform and/or sending an email to the email address you provided in your Profile upon registration. For this reason, you should keep your contact and profile information current. If, following such changes, you no longer agree to these Terms or the Privacy Policy, you must discontinue using the Platform.
General Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND WILL BE BOUND BY THESE TERMS.
