Please read these Terms of Services carefully. By accessing this website, any of its pages, or its associated applications, you agree that you are bound by these Terms of Services as they may be amended from time to time.
Thank you for visiting Everythingasell.com (“Everything A Sell”). “Everything A Sell” is comprised of various web pages and associated applications operated by “Everything A Sell”. The terms “we,” “our,” and “us” refer to “Everything A Sell” and its subsidiaries and affiliates, and the terms “you” or “your” refer to any individuals or Vendors who access this website. The term “vendor” means any Seller /Subscriber/Account Holder/Marketer that has an account with “Everything A Sell”. By accessing or using this website, you agree and consent to be legally bound by these Terms of Services (the “Terms”) without limitation or qualification.
If you fail to comply with any of these Terms, your permission to use the website automatically terminates. If we become aware that you have been using the website in an unauthorized way, we may block or suspend your access to the website, bar you from future usage of the website, or take any other action we deem necessary or appropriate, and may pursue any or all legal or equitable claims against you for such unauthorized use. We further reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to this website, or any of our resources or services, at any time for any reason without notice. We shall not be held liable to you or any third party for any termination of your access to this website.
You agree to indemnify and hold us harmless from any liability, loss, claim or expense including attorney’s fees, related to your violation of these Terms or your use of the services, products, software, applications, or information made available through the website.
Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, but not limited to, the liability, indemnification, arbitration, and jurisdiction sections contained herein below.
Unauthorized use of this website is prohibited. The following uses are expressly unauthorized:
We reserve the right to modify or terminate this website or any service available on this website, any link, embed, platform, widget, or feature used by this website, and your access to this website, in whole or in part, at any time whatsoever.
Visiting this website or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us and agree to notify us of any changes in your email address. Except as otherwise required under applicable law, you agree that all agreements, notices, and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.
If you use this website, you are solely responsible for maintaining the security and confidentiality of your account, user name, and password, and for restricting access to your computer. By using this website, you further agree to accept responsibility for all activities that occur on your account under your user name or password. You may not assign or otherwise transfer your account to any other person or entity. Any user names or passwords used for this website are for individual use only. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account.
We are entitled to monitor your password and, at our discretion, require you to change it (Your password hashed and stored in our database with Meta Data, at no point we actually know what your password is). If you use a password that we consider unsecured or weak (we are entitled to require the password to be changed or to terminate your account.
Our website may provide links to other websites for the convenience of our website users. Our website may also make use of widgets, embeds, social media, or other third party features that are hosted by a third party or hosted directly on our website. Your interactions with any link or third party widget, embed, social media, or other feature are governed by the Terms of Services of the third party providing the widget, embed, social media, or other third party feature, or the Terms of Services of the linked website. The Terms of Services of third parties may be substantially different than these Terms. We neither own nor do control third party websites, widgets, embed, social media, or other features that are accessible through this website. Therefore, before visiting the website of a third party, or making use of a third party feature on our website, whether by means of widget, embed, social media feature, or otherwise, you should first consult that third party’s Terms of Services (if any) and inform yourself of the terms applicable to that third party’s website, feature, or services (if any). We are not responsible for any dealings with third parties you may have through a third party website, link, widget, embed, social media, or other third party feature.
Any description of a product, service, or publication on this website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service, or publication. Moreover, the inclusion of any third party link, social media feature, embed, or widget on our website does not imply an endorsement by us or any association with its third party operator.
Certain services made available via the website are delivered by third party sites and organizations acting as our third party service providers. By using any product, service, or functionality originating from the website, you hereby acknowledge and consent that we may share your information and data with any third party service provider with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of our users and customers.
Vendors/Subscribers/Account Holders/Marketers using our website agree and consent that:
You are granted a non-exclusive, non-transferable, revocable license to access and use the website, or any software, digital products, applications, or services provided by this website, strictly in accordance with these Terms. As a condition of your use of the website, or any software, digital products, applications, or services provided by this website, you warrant to us that you will not use the website, or any software, digital products, applications, or services provided by this website, for any purpose that is unlawful or prohibited by these Terms. You may not use the website, or any software, digital products, applications, or services provided by this website, in any manner which could damage, disable, overburden or impair the website or any software, digital products, applications, or services provided by this website, or interfere with any other party’s use and enjoyment of the website or any software, digital products, applications, or services provided by this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website, or any software, digital products, applications, or services provided by this website. Using software, applications, or digital products from this website does not give you title to such software, application, or digital product, including any files, data and images incorporated in or associated with the software, application, or digital product.
Except for use expressly authorized, you agree that you will not copy, modify, publish, transmit, distribute, reverse engineer, perform, display, participate in the transfer or sale, license, create derivative works, reproduce, decompile or disassemble, or in any way exploit any of the content, in whole or in part, found on the website, or in any software, application, or digital product we provide you. This website and its content, along with the software, applications, and digital products available on this website, is copyrighted by us or its owner. Our content is not for resale. Your use of the website, software, application, or digital product does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use or authorized Vendors’
You will make no other use of the content without the express written permission of Everythingasell.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.
You further agree that:
If we have reasonable grounds to suspect that you have violated any of these obligations, we may suspend or terminate your access to the website, revoke your license, terminate your access to the website services, and may refuse any and all current or future use of the services, software, application, product, website, or license. We further reserve the right to refuse or cancel service, terminate accounts, or remove or edit website content at any time whatsoever in our sole discretion.
The website may contain bulletin board services, chat areas, electronic mail postings, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send, and receive messages and material that are proper, relevant, and related to the particular Communication Service and its intended subject matter.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or electronic device; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages for that specific type of good or service; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove, edit, or decline to post any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. This information may be visible to the public and we cannot guarantee the security of any information you post in a Communication Service. We do not control or endorse the content, messages, or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
All content on this website whether provided by this website or through links, widgets, embeds, or social media or other third party features, is the copyrighted work of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s). Except as stated herein, none of the contents of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of us, the owner(s) of the links, widgets, embeds, or social media or other third party features, and/or the owner(s) of Submission(s).
Any trademarks, service marks, or logos appearing on this website are our property or the property of the party that provided the trademarks, service marks, or logos to us. We and any party that provided trademarks, service marks, or logos to us retain all rights with respect to any of our respective trademarks, service marks, or logos appearing in this website. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Violating the trademark or copyright rights of others is a violation of our Terms. Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Everythingasell.com or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, Everythingasell.com is the owner of all trademarks and service marks on this website, whether registered or not.
We provide the following procedures for making a Digital Millennium Copyright Act (DCMA) claim or counter-claim.
Notice and Procedure for Making Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (DMCA), we have a designated agent to receive notice of unauthorized online use of copyrighted materials on this website. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
Jerome Ricketts – Everythingasell.com
Please notify us in writing and include all of the following:
Procedure for making a DMCA Counter Notification. If you have had material that you placed online removed pursuant to a DMCA infringement complaint and feel that it is not in fact an infringement, you can submit a counter notification. Please send a written counter notification of copyright infringement containing the following information to our designated agent specified below.
Jerome Ricketts – Everythingasell.com
Please notify us in writing and include all of the following:
We will not respond to counter notifications that do not adhere to the listed requirements. We will deliver your counter notification to the original individual who filed the DMCA copyright infringement complaint informing them that the removed material will be replaced within 10 -14 business days following notification. Once the notification has been delivered we are authorized to reinstate the removed material and cease disabling access 10 -14 following the receipt of the counter notice unless we receive notice that the original individual is proceeding with a court order against you.
Possession of an Injunction. If we receive a notification and appropriate accompanying documentation from a copyright holder to our designated agent that they are in possession of an injunction that prohibits us from providing access to the infringing material, you will be informed as soon as we are able and we will follow the requirements as set forth in the injunction.
This website may provide forms generated solely for your convenience through the Paperwork feature. It is not intended to provide legal information or advice and is made available to you on the understanding and express condition that we are not providing you with legal services or advice. In order to ensure compliance with applicable laws, you should consult legal counsel about any form or transaction involving a form before proceeding with using the form or completing the transaction. By using the Paperwork feature, you acknowledge and agree that: (1) we are not providing you legal or other professional advice or services; (2) we make no warranties or representations about the accuracy or legal validity of the provided forms; (3) your use of the forms is entirely at your own risk; (4) we disclaim any and all liability associated with your use of the forms; and (5) you will hold harmless and indemnify us for any liability associated with your use of the forms.
If you are a Vendor that has provided its own paperwork through the Paperwork feature, you further agree and consent that: (1) we are in no way responsible for the accuracy or legal validity of the form you upload; (2) your use of your uploaded form is entirely at your own risk; (3) we disclaim any and all liability associated with your use of your uploaded form; and (4) you will hold harmless and indemnify us for any liability associated with your use of your uploaded form.
For the purpose of this liability and indemnity provision, the terms “we,” “our,” and “us” refer to Everythingasell.com, its subsidiaries, and its affiliates, and the owners, shareholders, members, directors, shareholders, owners, managers, officers, employees, agents, licensors or licensees, service or content providers, and suppliers of Everythingasell.com, or of its subsidiaries and affiliates. The terms “you” or “your” refer to any individuals who use or access this website.
Release from Disputes with Third Parties.
Because the website is a place for users to post advertisements and listings of products and services for sale, you agree that this website merely acts as a conduit for sellers to conduct sales and for buyers to purchase sellers’ products & services. We have no control over the quality, safety, legality, truth, or accuracy of user-posted submissions, or the ability of sellers to sell items or buyers to buy items. We cannot and do not control whether sellers will complete the sale of items they offer or if buyers will complete the purchase. In the event that you have a dispute with one or more buyers or sellers, you hereby release us from all claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such claim, demand, or damages. You agree that if you are a resident in a jurisdiction which restricts the effect of this release of liability for disputes with third parties, you hereby consent that this release of liability for disputes with third parties shall apply to these terms to the fullest extent legally possible.
Any and all content contained on this website, including but not limited to text, graphics, images, software, code, products, applications, information, and corresponding services is relied upon at your own risk and is presented “as is” or “as available.” No warranties of any kind, whether express, statutory, or implied, are provided for our website or its content, including, but not limited to, all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. As way of example, not limitation, we provide no warranties or representations about suitability, reliability, availability, timelines, or accuracy of the content on this website. We provide no warranties that our website or its content is free from error or defects (like viruses or malicious code), that use of our website will be free from interruptions, or that our website will not be compromised by a cyberattack, hack, or other similar event. We make no representations or warranties to any actual or prospective purchaser or owner of any item as to the existence, ownership, or condition of the item, or as to the accuracy or completeness of any information about the item contained on this website. You expressly acknowledge that any reliance upon any content on this website shall be at your sole risk, and that we will not be liable in any way for content posted on this website or otherwise made available through use of this website, including but not limited to, through email.
To the maximum extent permitted by applicable law, in no event shall we be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including any injury to person, property, or body, or any kind of loss or damage whatsoever to you or any third party connected with the use of or inability to use this website, whether based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of damages (collectively a “claim”). This includes but is not limited to damages arising from mistakes, omissions, delays, interruptions, insufficient, incomplete, missing or deleted content, deterioration or corruption of files or content, loss of data, loss of profits, errors, defects, viruses, worms, trojans, malware and malicious code, or injury to person, property, or body, or any other kind of loss or damage whatsoever, to you or any third party. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you, but you agree that our liability shall be waived to the maximum extent permissible by the law of your state or jurisdiction. If you are dissatisfied with or disagree with any portion of these terms, including, but not limited to, this liability and indemnity provision, your sole and exclusive remedy is to discontinue using this website.
By using this website, you expressly agree: (1) your use of this website is at your own risk; (2) you consent to and are bound by the above liability waiver; (3) you will indemnify and hold us harmless against any and all liability and will indemnify us for any claim (including, without limitation, the cost of investigating any claim, the cost of litigation, and attorneys’ fees, whether or not legal proceedings are instituted) arising from, attributable to, or in connection with your access to or use or misuse of this website, its content, or any information or services provided through or on this website, including, but not limited to, any submissions you post on this website, your breach of any obligation, term, or warranty in these terms, and your infringement of the intellectual property or other rights of third parties, or any act or omission by you in violation of these terms, or of any applicable law or regulation; and (4) we expressly reserve the right, at our sole and complete discretion and at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the website. You agree that our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use.
The website is controlled, operated and administered by us from our offices within the Jamaica. If you access the website from a location outside the Jamaica, you are responsible for compliance with all local laws. You agree that you will not use the website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
These Terms shall be given effect to the fullest extent permissible by law. If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason whatsoever, that provision shall be severed and the rest of these Terms shall remain valid and in full force and effect, and a provision as similar in terms as may be valid and enforceable shall be used in lieu of such provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The headings used herein are provided solely for your convenience and have no legal or contractual effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.
Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these Terms, the terms provided on the relevant specific area or page of the website shall control.
All rights not expressly granted herein are reserved exclusively and entirely to us.
You may not assign these Terms. We may assign these Terms, in whole or in part, at any time.
Questions about these Terms should be directed to the following address via certified mail or email at the designated addresses below:
Jerome Ricketts – Everythingasell.com
Unless otherwise indicated, all material on this website © 1999-2020 Everythingasell.com. All rights reserved.