This User Agreement, and all policies posted on our sites set out the terms on which www.edancesport.com offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies, the Mobile Devices Terms, and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
The entity you are contracting with is www.edancesport.com, if you reside in the United States. Please be advised that 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 provisions 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 us 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.
www.edancesport.com is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer www.edancesport.com is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs,. www.edancesport.com has no control over and does 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.
Using www.edancesport.com In connection with using or accessing the Services you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason as set out in a www.edancesport.com policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller.
fail to deliver items sold by you, unless you have a valid reason as set out in an www.edancesport.com policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
manipulate the price of any item or interfere with any other user's listings;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems;
transfer your www.edancesport.com account (including Feedback) and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm www.edancesport.com , or the interests or property of users;
use any robot, spider, scraper, or other automated means to access our Services for any purpose;
bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any www.edancesport.com application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to www.edancesport.com or that comes from the Services and belongs to another www.edancesport.com user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of www.edancesport.com and/or any other party holding the right to license such use;
commercialize any www.edancesport.com application or any information or software associated with such application;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
If we believe you are abusing www.edancesport.com in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed. We may change our seller fees from time to time by posting the changes on the www.edancesport.com site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must have a payment method on file when selling on www.edancesport.com and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, requesting that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. www.edancesport.com or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information www.edancesport.com reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at www.edancesport.com 38 Whispering Way, Stow, Ma. 01775. If you wish to dispute the information a collection agency reported to a credit bureau regarding your www.edancesport.com account, you must contact the collection agency directly.
When listing an item, you agree to comply with www.edancesport.com and that:
You are responsible for the accuracy and content of the listing and item offered;
Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). www.edancesport.com can't guarantee exact listing durations;
Content that violates any of www.edancesport.com policies may be deleted at www.edancesport.com discretion;
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
Some advanced listing upgrades will only be visible on certain Services.
www.edancesport.com may also affect whether your listing appears in search results.
Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
When buying an item, you agree to the rules for buyers and that:
You are responsible for reading the full item listing before making a bid or commitment to buy.
You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted).
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.
International Buying and Selling; Translation
Many of our Services 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. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If you purchase an item on a www.edancesport.com site you are subject to the User Agreement of that other www.edancesport.com site with respect to that particular purchase.
You may list your items directly on one or more of www.edancesport.com international sites. Additionally, you may direct us to display your listing on www.edancesport.com sites other than the original www.edancesport.com listing site, including where you choose to list an item with an international shipping option (such as worldwide shipping or the Global Shipping Program): the appearance of your listings on these sites is not guaranteed. When you sell your items internationally, you agree to be subject to that other site's User Agreement, policies, and the www.edancesport.com . You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
You authorize us to use automated tools to translate your www.edancesport.com content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your www.edancesport.com listings. The permission to use catalog content is subject to modification or revocation at any time at www.edancesport.com sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be available, accurate, and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within 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 under the United States Digital Millennium Copyright Act. www.edancesport.com Verified Rights Owner (VeRO) program works to ensure that listed items and content on our site or in our apps 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 infringed, please notify our VeRO team through our VeRO program and we will investigate.
To protect www.edancesport.com from risk of liability for your actions as a seller, www.edancesport.com has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of a www.edancesport.com Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.
Authorization to Contact You; Recording Calls
www.edancesport.com may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. www.edancesport.com may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our User Privacy Notice, www.edancesport.com may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your www.edancesport.com
www.edancesport.com may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by www.edancesport.com to carry out the purposes we have identified above.
www.edancesport.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with www.edancesport.com or its agents for quality control and training purposes or for its own protection.
Privacy of Others; Marketing
If www.edancesport.com provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
Returns and Cancellations Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. Where returns or replacements have been automated www.edancesport.com generated return shipping label will be provided to your buyer. You agree to comply with our return policy.
When an item is returned, to refund the buyer, you (as seller) authorize www.edancesport.com to instruct PayPal to remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller's responsibility.
You (as seller) authorize www.edancesport.com to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
When a transaction is cancelled, to refund the buyer, you (as seller) authorize www.edancesport.com to instruct PayPal to remove the refund amount (in same or other currency) from your PayPal account. See our Cancellation Policy for more details.
Global Shipping Program One of the ways that we may make www.edancesport.com listings available to international buyers on www.edancesport.com and on www.edancesport.com International Sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States. Pitney Bowes Inc., a third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, www.edancesport.com may respond directly to the buyer if the question pertains to the services overseen by Pitney Bowes Inc. (for example, customs or international shipping). You pay no additional fees for selling through the Global Shipping Program.
Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer's forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by www.edancesport.com to Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item www.edancesport.com does not control the privacy policies of Pitney Bowes Inc., its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.
You may prevent your listings from being made available to international buyers through the program by adjusting your account settings within www.edancesport.com Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program.
Most www.edancesport.com sales go smoothly, but if there's a problem with a purchase, the www.edancesport.com Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any www.edancesport.com Money Back case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or www.edancesport.com under the www.edancesport.com Money Back Guarantee, you authorize www.edancesport.com to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the www.edancesport.com Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in www.edancesport.com applications may not occur in real time. Such functionality is subject to delays beyond www.edancesport.com control.
You agree that you are making use of our Services 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 merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us 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:
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by www.edancesport.com delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any www.edancesport.com Service;
the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Abusing www.edancesport.com Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
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 www.edancesport.com Money Back up to the price the item sold for on www.edancesport.com (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.
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.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of www.edancesport.com Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND www.edancesport.com HAVE AGAINST EACH OTHER ARE RESOLVED.
You and www.edancesport.com 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 www.edancesport.com User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Massachusetts, 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 www.edancesport.com., except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and www.edancesport.com each agree that any and all disputes or claims that have arisen or may arise between you and www.edancesport.com relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to www.edancesport.com Services, or any products or services sold, offered, or purchased through www.edancesport.com Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. 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 www.edancesport.com must be resolved exclusively by a state or federal court located in Boston, Massachusetts. You and www.edancesport.com agree to submit to the personal jurisdiction of the courts located within Boston, Massachusetts for the purpose of litigating all such claims or disputes.
www.edancesport.com is located at 38 Whispering Way, Stow, Massachusetts 01775 USA, Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 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.edancesport.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the www.edancesport.com Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. 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 a www.edancesport.com representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the www.edancesport.com site.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and www.edancesport.com and supersede all prior understandings and agreements of the parties.