Conditions Of Use
Last updated: April 19, 2019
Welcome to OurCommunityBiz.com. OurCommunityBiz.com is owned and run by Diametric Marketplace, a California corporation located in Santa Barbara, California. OurCommunityBiz.com provides website features and other products and services to you when you visit or shop at OurCommunityBiz.com, use OurCommunityBiz.com products or services, use OurCommunityBiz.com applications for mobile, or use software provided by OurCommunityBiz.com in connection with any of the foregoing (collectively, "OurCommunityBiz Services"). OurCommunityBiz provides the OurCommunityBiz Services subject to the following conditions.
OurCommunityBiz is a marketplace that allows users to offer, sell and buy just about anything. The actual contract for sale is directly between the seller and buyer. OurCommunityBiz is not a traditional auctioneer. We support businesses and community organizations including charities to enable them to conduct commerce and fundraising. We are not a commercial fundraiser since we do not, for compensation, solicits funds for charitable purposes, or receive or controls funds as a result of solicitation for charitable purposes. For fundraising transactions, we charge the Buyer a convenience transaction fee which includes the credit card processing fees to PayPal – the full donation amount is passed to the charity. For retail sales, the Seller pays the referral fee (transaction fee which includes the credit card processing fees to PayPal), and the Buyer pays the State and Local Taxes when applicacable.
While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Also, OurCommunityBiz 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 complete a transaction or return an item.
By using OurCommunityBiz Services, you agree to these conditions. Please read them carefully.
We offer a wide range of OurCommunityBiz Services, and sometimes additional terms may apply. When you use an OurCommunityBiz Service (for example, OurCommunityBiz mobile applications) you also will be subject to the guidelines, terms and agreements applicable to that OurCommunityBiz Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of OurCommunityBiz Services, to understand our practices.
When you use OurCommunityBiz Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other OurCommunityBiz Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any OurCommunityBiz Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of OurCommunityBiz or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any OurCommunityBiz Service is the exclusive property of OurCommunityBiz and protected by U.S. and international copyright laws.
OurCommunityBiz is a trademark owned by Diametric Marketplace. I[KM1] n addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any OurCommunityBiz Service are trademarks or trade dress of OurCommunityBiz in the U.S. and other countries. OurCommunityBiz's trademarks and trade dress may not be used in connection with any product or service that is not OurCommunityBiz's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OurCommunityBiz. All other trademarks not owned by OurCommunityBiz that appear in any OurCommunityBiz Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by OurCommunityBiz.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, OurCommunityBiz or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the OurCommunityBiz Services. This license does not include any resale or commercial use of any OurCommunityBiz Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any OurCommunityBiz Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by OurCommunityBiz or its licensors, suppliers, publishers, rightsholders, or other content providers. No OurCommunityBiz Service, nor any part of any OurCommunityBiz Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OurCommunityBiz. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OurCommunityBiz without express written consent. You may not use any meta tags or any other "hidden text" utilizing OurCommunityBiz's name or trademarks without the express written consent of OurCommunityBiz. You may not misuse the OurCommunityBiz Services. You may use the OurCommunityBiz Services only as permitted by law. The licenses granted by OurCommunityBiz terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own OurCommunityBiz account to use certain OurCommunityBiz Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. OurCommunityBiz does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the OurCommunityBiz Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their OurCommunityBiz Household. You must be at least 21 years of age to use any site functionality related to alcohol. OurCommunityBiz reserves the right to refuse service, terminate accounts, terminate your rights to use OurCommunityBiz Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. OurCommunityBiz reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant OurCommunityBiz a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant OurCommunityBiz and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify OurCommunityBiz for all claims resulting from content you supply. OurCommunityBiz has the right but not the obligation to monitor and edit or remove any activity or content. OurCommunityBiz takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
OurCommunityBiz respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RETURNS, REFUNDS AND TITLE
It is the responsibility of the vendors to handle returns and refunds. OurCommunityBiz does not directly handle returns. If the buyer cancels an order, it is the responsibility of the Vendor to cancel the order and inform OurCommunityBiz that the order was successfully canceled, and in this case OurCommunityBiz will refund the Buyer’s payment account used to make the purchase.
OurCommunityBiz attempts to be as accurate as possible. However, OurCommunityBiz does not warrant that product descriptions or other content of any OurCommunityBiz Service is accurate, complete, reliable, current, or error-free. If a product offered by OurCommunityBiz itself is not as described, your sole remedy is to return it in unused condition.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller.
With respect to items sold through OurCommunityBiz, the Vendors manage their own store and products in their store including pricing, inventory, shipping & handling, and returns. Cancellations successfully executed prior to shipment or pick-up will be handled by OurCommunityBiz; otherwise it is the responsibility of the Vendor. At the time of purchase, the credit card will be charged for the order.
When you use apps created by OurCommunityBiz, such as the OurCommunityBiz App you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any OurCommunityBiz Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using OurCommunityBiz Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including OurCommunityBiz Software), technology, and services. [KM2]
Parties other than OurCommunityBiz operate stores, provide services or software, or sell product lines through the OurCommunityBiz Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from OurCommunityBiz. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). OurCommunityBiz does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE OURCOMMUNITYBIZ SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OURCOMMUNITYBIZ SERVICES ARE PROVIDED BY OURCOMMUNITYBIZ ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. OURCOMMUNITYBIZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE OURCOMMUNITYBIZ SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OURCOMMUNITYBIZ SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE OURCOMMUNITYBIZ SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, OURCOMMUNITYBIZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OURCOMMUNITYBIZ DOES NOT WARRANT THAT THE OURCOMMUNITYBIZ SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OURCOMMUNITYBIZ SERVICES, OURCOMMUNITYBIZ'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OURCOMMUNITYBIZ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, OURCOMMUNITYBIZ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OURCOMMUNITYBIZ SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OURCOMMUNITYBIZ SERVICE, INCLUDING, BUT NOT LIMITED TO INDIRECT[KM3] , INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any OurCommunityBiz Service, or to any products or services sold or distributed by OurCommunityBiz or through OurCommunityBiz.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Diametric Marketplace, 3905 State St. #7-208, Santa Barbara, CA 93105-5107. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules in Santa Barbara, California. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may also choose to have the arbitration conducted by telephone, based on written submissions, or in person in Santa Barbara, California.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any OurCommunityBiz Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and OurCommunityBiz.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of OurCommunityBiz Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
3905 State St. #7-208
Santa Barbara, CA 93105-5107
ADDITIONAL OURCOMMUNITYBIZ SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with OurCommunityBiz Services (the "OurCommunityBiz Software").
- Use of the OurCommunityBiz Software. You may use OurCommunityBiz Software solely for purposes of enabling you to use the OurCommunityBiz Services as provided by OurCommunityBiz, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the OurCommunityBiz Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the OurCommunityBiz Software in whole or in part. All software used in any OurCommunityBiz Service is the property of OurCommunityBiz or its software suppliers and is protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the OurCommunityBiz Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the OurCommunityBiz Software at any time and without notice to you.
- Government End Users. If you are a U.S. Government end user, we are licensing the OurCommunityBiz Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the OurCommunityBiz Software are the same as the rights we grant to all others under these Conditions of Use.
- Conflicts. In the event of any conflict between these Conditions of Use and any other OurCommunityBiz or third-party terms applicable to any portion of OurCommunityBiz Software, such as open-source license terms, such other terms will control as to that portion of the OurCommunityBiz Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit an email to firstname.lastname@example.org . This email may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
[KM1]I am not sure if Ourcommunitybiz will be protectible as a trademark. Will have to research further.
[KM3]You can’t exclude direct damages or a court will potentially toss the whole paragraph.