Terms of Service

1. Introduction

VarageSale, Inc. ("VarageSale"/"we"/"us"/"our") owns and operates the VarageSale website located at http://www.varagesale.com ("Site") and the VarageSale mobile applications available for download via various platforms ("Apps"), collectively referred to as the "VarageSale Platform". The VarageSale Platform is a conduit for registered users ("Members") to buy and sell goods. Our Terms of Service ("Terms"), privacy policy and user policies including our Prohibited Item List ("Policies") are designed to create a fair, friendly and safe environment for all Members. Being informed on what is permitted on the VarageSale Platform can help you avoid unintentionally breaking the rules and helps create a community full of trustworthy Members.

Please read these Terms carefully as they govern our relationship with our Members and your use of the VarageSale Platform. By using the VarageSale Platform, Members are agreeing to our Terms and Policies, which may be updated from time to time at our sole discretion. VarageSale has created the Terms and Policies so that all Members follow the same basic rules of conduct. These Terms and Policies are here to benefit and protect everyone. Capitalized terms not defined in the body of these Terms are defined in Section 15.

2. What is VarageSale?

3. Community Management

An "Administrator" is someone who creates a Community on the VarageSale Platform and/or is given the role of administrator for a Community. Administrators are in charge of the success of a Community by keeping Members happy and involved, by promoting the Community and by encouraging the good behaviour of its Members.

A "Moderator" is someone who was generally given this title by a Community Administrator. Their primary role is to help Administrators maintain and promote the Community.

Administrators and Moderators, jointly named "Community Managers" or "Managers", have access to additional features of the VarageSale Platform which enable them to monitor and better manage their Community. The ideal Community Manager is friendly, compassionate, motivational and quick to answer its Members. Such an approach has proven time and time again to be extremely effective at fostering healthy and thriving communities.

The Community Manager's role is also foster strong, tight knit, happy communities. From time to time this role may including helping to privately mediate conflict between Members in a peaceful and impartial manner. Their ultimate goal should be to have happy and satisfied Members who will participate in their community while encouraging others to do so. To this effect, we insist that Community Managers treat their Community Members with the utmost respect. Although Community Managers may act voluntarily as mediators, they have no legal obligation and assume no liability for resolving conflicts among Members.

Community Managers should accept people requesting to join their Community in a timely fashion to ensure a smooth and easy transition into the Community. Managers of local communities may, at their own discretion, opt to only allow people within a reasonable distance of the Community epi-centre, a location which is determined by the Community Managers, to join but may not unreasonably prevent access to people who frequently visit the Community area.

Community Managers may also occasionally and with serious cause restrict access to people committing a serious offence on the VarageSale Platform, such as but not limited to, breaches of these Terms or House Rules (as defined further below), selling stolen or counterfeit goods or other items on the Prohibited Items list. Community Managers may not restrict access to VarageSale for reasons other than their behaviour on the VarageSale Platform such as but not limited to their personal relationship with the member or their actions and status on another social network.

Community Managers may optionally implement "House Rules" as long as they are reasonable and do not prevent Members from benefiting fully from the VarageSale Platform. Community Managers may also not restrict Members from using certain features of the VarageSale Platform, force Members to use features in ways they were not intended or limit the frequency of their actions (such as posting) other than with the help of the tools provided by the VarageSale Platform. Additionally, Community Managers may not charge their Members any kind of fee to use VarageSale.

Community Managers may remove content they deem inappropriate, illegal or against VarageSale's Terms. They may not, however, remove Items because of how long they have been listed for, the level of or the status or past behaviour of that member in the community.

VarageSale reserves the right but shall have no obligation to monitor and/or override any House Rules or decisions made by Community Managers that do not adhere to the letter or spirit of the Terms or any other Policies that are referenced herein.

VarageSale reserves the right to revoke a Community Manager from the VarageSale Platform for breach of the VarageSale Terms of Service or for the making, publishing, ratifying or endorsing of any disparaging remarks including but not limited to defamatory or malicious content against or about VarageSale, its employees and/or its members.

4. Rules for Buying and Selling

VarageSale is not involved in the actual transactions between Members - sellers or buyers. For further clarity:

  1. All agreements made for the exchange or purchase of goods or services are made directly between Members. The VarageSale Platform is a marketplace in which the communication between sellers and buyers takes place.

  2. VarageSale does not pre-screen or vet the products or services offered by sellers through the site. Buyers should do their own due diligence. In other words – buyer beware.

  3. Buyers and Sellers must be over the age of 18 or have parental or legal guardian supervision when buying or selling any Item through the VarageSale Platform.

  4. Sellers must be legally able to sell the Item(s) posted for sale. Sellers represent and warrant that they are the sole owners of Items they offer for sale on the VarageSale Platform.

  5. Sellers are solely responsible for calculating, remitting and repaying all applicable taxes in respect of goods or services they sell through the VarageSale Platform.

  6. Disputes between buyers and sellers must be resolved between them. Members may elect to inform Community Managers of disputes. Community Managers and/or VarageSale may at their own discretion endeavour to assist where possible in the resolution of member disputes. VarageSale may be called upon via email at http://contact.varagesale.com to assist in resolution of disputes. VarageSale will, at its own discretion, endeavour to help resolve disputes as an informal mediator based on its experience working with the membership, however responsibility for resolution of disputes remains solely with buyers and sellers.

  7. VarageSale has a no tolerance policy for breach of its Terms and Policies including but not limited to if a member is reported or found to be selling Prohibited Items, VarageSale reserves the right to remove the item and/or, subject to the severity of the breach, the member from VarageSale.

  8. The VarageSale Platform is used for the posting of Items for sale by third parties and we do not advertise or sell our own products or services through the VarageSale Platform. As a result, we have no control over and, to the extent permitted by law, make no representations, warranties or conditions in relation to the merchantability, suitability, quality, safety or legality of any items advertised for sale on VarageSale although we do aim to ensure a safe marketplace through these Terms, our Policies and the requirements of our Prohibited Items list which all users must adhere to on the Site.

5. Prohibited Items

VarageSale prohibits the sale of a number of items, such as firearms, regulated products and services and illegal goods and services. A non-exhaustive list of these items is available here: Prohibited Items ("Prohibited Items"). It is up to Members to ensure that they are not posting any goods or services that are illegal in their jurisdictions. This list is updated from time to time and is the part of VarageSale's Terms and Policies. VarageSale may, at its sole discretion and without notice, remove any item, content or information that it views as being a Prohibited Item. Community Managers also have authority within their community/communities to remove Prohibited Items without notice. Members may report any Prohibited Items they see posted via email at http://contact.varagesale.com.

6. Safety

We do our very best to keep the VarageSale Platform safe but we also rely upon our Members to help. This includes the following commitments from each member:

  1. No bullying, intimidation, or harassment of any member.
  2. No posting of content that: is hate speech, is threatening, is sexual or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  3. When interacting with other members of the community in-person, or through any other medium inside or outside of VarageSale, no behaviour that is in any way: sexual, insulting, threatening, or violent; intimidates another member of the community or any other person; or generally any other form of behaviour that is deemed by Community Managers or VarageSale to fall below the expected standard of behaviour that you commit to by using the VarageSale Platform.
  4. No use of the VarageSale Platform to do anything unlawful, fraudulent, misleading, malicious, or discriminatory.
  5. No posting of unauthorized commercial communications (such as spam).
  6. No collection of Members' content or information for any purpose other than responding to and facilitating a purchase or sale through the VarageSale Platform.
  7. No access to the VarageSale Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  8. No unlawful marketing, such as a pyramid schemes.
  9. No promoting or linking to other platforms competing directly or indirectly with VarageSale.
  10. No promoting or linking to external websites or mobile applications that contain content that goes against the letter or spirit of these Terms or Policies, such as but not limited to gambling and pornographic websites or web or mobile properties distributing dangerous, illegal or copyrighted content.
  11. No public posting of personally identifiable information, such as but not limited to, phone numbers, street addresses or banking information. For your safety, you may share this information with specific members in private messages.
  12. No uploading of viruses or other malicious code.
  13. No solicitation of login information or accessing an account belonging to someone else.
  14. No facilitation, encouragement or actual violations of our Terms or Policies.

You acknowledge that by using the VarageSale Platform, you might be exposed to materials that you consider offensive, indecent or objectionable. Under no circumstances will VarageSale be liable in any way for such materials or content but if you see any offensive or otherwise objectionable content on the VarageSale Platform (eg. offers for sale or requests to purchase) please inform us. VarageSale reserves the right, but not the obligation to regulate content on the VarageSale Platform. As stated previously, VarageSale also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content. However, VarageSale and its representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.

7. Your Account

In order to build a strong trusted community of people, we ask that to provide your real name when creating a VarageSale account. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed.

Here are the commitments Members make to us relating to registering and maintaining the security of their account:

8. Sharing Your Content and Information

Members own the content and information they post on VarageSale. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos, Members grant VarageSale a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license right to use, modify, publish, transmit, make available and otherwise exploit content that is posted by Members on the VarageSale Platform and in any other media for administrative and promotional purposes. By posting content on the VarageSale Platform, Members represent and warrant that they have the necessary rights to grant the license rights granted herein.

  2. Members can delete content and information, however if you share information with other Members that information and content may remain available to those Members and the persons with whom they have shared that content and information.

  3. By posting content or information on Members are permitting other Members, to access, share and use that information, and to associate it with themselves (i.e. a member's name and profile picture may appear along side information they post or that is shared).

9. Privacy

In order to fully benefit from the VarageSale Platform and related services, you need to be a registered user and provide certain personal information to us in connection with setting up your account. For information about how we collect, use and store personal information, please refer to our Privacy Policy.

10. Mobile Applications (Apps)

Access to our mobile applications (Apps) is provided free of charge. Mobile carrier rates and fees, such as text messaging and data charges may apply. If you download the App from a third party platform provider (eg. App Store; Google Play) ("Platform Provider"), you acknowledge and agree to the following additional terms:

  1. this Agreement is concluded solely between VarageSale and you and not with Platform Provider, and VarageSale not Platform Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive or in conflict with the Platform Provider's Terms of Service, the more restrictive or conflicting Platform Provider term will take precedence and will apply;

  2. Platform Provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. VarageSale is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Platform Provider, and Platform Provider will refund the purchase price for App to you and to the maximum extent permitted by applicable law, Platform Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be VarageSale's sole responsibility;

  3. VarageSale, not Platform Provider, is responsible for addressing any claims you may have or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and

  4. Platform Provider, and Platform Provider's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

  5. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Fees & Payments

VarageSale is free to use, including creating an account, joining and participating in Communities as well as downloading and using our Apps.

Transactions between Buyers and Sellers will vary in value and are negotiated directly between Buyers and Sellers. If you are a Seller you are committing to selling items at the cost agreed with a particular Buyer.

12. Liability

DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THE VARAGESALE PLATFORM ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THE VARAGESALE PLATFORM ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE VARAGESALE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THE VARAGESALE PLATFORM OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE VARAGESALE PLATFORM OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE VARAGESALE PLATFORM OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE VARAGESALE PLATFORM, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SELLER.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THE VARAGESALE PLATFORM OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE VARAGESALE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Release. Because we do not control Buyers, Sellers or any Members, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the VarageSale Platform.

13. Termination

Members may terminate their account and/or stop using VarageSale at anytime. VarageSale reserves the right to, at any time, under any circumstances and without prior notice, immediately ban or terminate or suspend all or a portion of a member's account and/or access to VarageSale. Cause for such termination shall include but is not limited to: Violations of the letter or spirit of these Terms or any other Policies that are referenced herein and/or posted on VarageSale; A request by a member to cancel or terminate an account they opened; Discontinuance or material modification to VarageSale or any party thereof; A request and/or order from law enforcement, a judicial body, or other government agency; where provision of the VarageSale, or any component thereof, to a member is or may become unlawful; unexpected technical or security issues or problems; or participation in fraudulent or illegal activities. Any such termination or suspension shall be made by VarageSale in its sole discretion, and VarageSale will not be responsible to any member or any third party for any damages that may result or arise out of such termination or suspension of an account and/or access to VarageSale.

14. Governing Law & Disputes

These Terms are governed by the laws of Ontario, without regard to conflict of laws principles. If anyone brings a claim against us related to a Member's actions, content or information on VarageSale, that Member will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for member conduct, we do not control or direct Members' actions on VarageSale and are not responsible for the content or information Members transmit or share on VarageSale. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information that may be encounter on VarageSale. We are not responsible for the conduct, whether online or offline, or any member of VarageSale.

You agree that any cause of action that You may have arising out of or related to this Website or your use of the VarageSale Platform must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY CLAIMS ARISING IN RELATION TO THE VARAGESALE PLATFORM, OR SERVICES OFFERED THROUGH THE VARAGESALE PLATFORM.

15. Definitions

"Administrator" means a Member of VarageSale who is responsible for the management and moderation of one or more Communities. Also referred to as Community Managers, jointly with Moderators.

"Buyer" means any Member who connects with one or more Sellers with the intent of purchasing Items.

"Item" means good(s) and/or services posted for sale by a Seller via the VarageSale Platform.

"Member Data" means any data, including a member's content or information that Members can retrieve from or provide to VarageSale.

"Moderator" means Members of VarageSale who are responsible for the moderation of one or more Communities.

"Seller" means any Member that posts or makes Item(s) available for sale or for free through the VarageSale Platform.

16. Copyright Notice

We do not permit copyright infringing activities and infringement of intellectual property rights and will remove any photos or other content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:

You can contact our Copyright Agent via email at copyright@varagesale.com.

17. Miscellaneous

Nothing in these Terms and Policies shall prevent us from complying with the law. We reserve all rights not expressly granted herein. Amendments to these Terms and Policies may be made from time to time without prior notice. Full and up-to-date Terms and Policies are available at http://www.varagesale.com for reference. Your use of the VarageSale Platform after any amendments or updates to these Terms and Policies shall signify your acceptance of such revised terms. You should visit this page periodically to review these Terms of Use. Members must comply with all applicable laws when using or accessing VarageSale. VarageSale uses mapping data provided by OpenStreetMap (see further: Privacy Policy). All content provided by VarageSale and forming part of the VarageSale Platform, such as text, graphics, logos, is the property of VarageSale, Inc. or its suppliers and is protected by Canadian and international copyright laws. You shall not attempt to override or circumvent any of the usage rules or restrictions on the VarageSale Platform. In the event that any provision or part thereof is determined by a court of competent jurisdiction to be unenforceable, such provision, or part thereof, shall be deemed to be severed from this Agreement and the remaining provisions of this Agreement shall continue in full force and effect and shall be binding upon the parties hereto as though such severed provision had not formed part of this Agreement.

18. More Resources

VarageSale is located at 111 Peter St, Suite 901, Toronto, ON, M5V 2H1.

Varage on!

— Your friends at VarageSale

Last Updated: Mar 28, 2016