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Terms of Service - OfferUp



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 1. Home
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 3. Terms of Service




TERMS OF SERVICE

Last updated: September 13, 2023

These Terms of Service ("Terms") apply to your access to and use of our website,
mobile applications and other online products and services (collectively, the
"OfferUp Services" or "Services") provided by OfferUp Inc. ("OfferUp", "we" or
"us"). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION
PROVISIONS IN SECTIONS 21 AND 22, WHICH REQUIRE THAT DISPUTES BE RESOLVED BY
FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR
CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT
OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN
SECTION 21 OR 22.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN
INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON AS
OUTLINED IN SECTION 17.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL
TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR
ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the
terms of social media services, third-party payment processors, and third-party
fulfillment providers) in relation to some of our Services, and those different
or additional terms become part of your agreement with us if you use those
Services. If there is a conflict between these Terms and the additional terms,
the additional terms will control for that conflict.

We may make changes to these Terms from time to time. If we make changes, we
will provide you with notice of such changes, such as by sending an email,
providing a notice through our Services or updating the date at the top of these
Terms. Unless we say otherwise in our notice, the amended Terms will be
effective immediately, and your continued use of our Services after we provide
such notice will confirm your acceptance of the changes. If you do not agree to
the amended Terms, you must stop using our Services.

From time to time OfferUp introduces new features that may only be available to
certain users. Provisions of these Terms of Service relating to new features may
not apply to all users.

To contact OfferUp regarding the Services or your account, please visit the
Contact Us Page where we'll ask for certain information that will allow us to
effectively respond to your message. Alternately, you can submit general
inquiries regarding these Terms or our Services to support@offerup.com.


1. PRIVACY

For information about how we collect, use, share and otherwise process
information about you, please see our Privacy Policy.


2. ELIGIBILITY

You must be at least 16 years of age to use our Services. If you are under 18
years of age (or the age of legal majority where you live), you may use our
Services only under the supervision of a parent or legal guardian who agrees to
be bound by these Terms. If you are a parent or legal guardian of a user under
the age of 18 (or the age of legal majority), you agree to be fully responsible
for the acts or omissions of such user in relation to our Services.

If you are registering to use the OfferUp Services on behalf of a legal entity,
you represent and warrant that: (a) such legal entity is duly organized and
validly existing under the applicable laws of the jurisdiction of its
organization, and (b) you are authorized by such legal entity to act on its
behalf.

If you use our Services on behalf of another person or entity: (a) all
references to "you" throughout these Terms will include that person or entity,
(b) you represent that you are authorized to accept these Terms on that person's
or entity's behalf, and (c) in the event you or the person or entity violates
these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use the Services, you must not: (a) have previously
been suspended or removed from using the OfferUp Service and (b) be violating
any other agreement to which you are a party by agreeing to these Terms.


3. USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an OfferUp account with OfferUp or a payment
account with OfferUp's Payment Provider (see section 4(C) for more information)
to access some or all of our Services. If you register for any account in
connection with the Services, you must provide accurate account information and
promptly update this information if it changes. You also must maintain the
security and confidentiality of your login credentials, and promptly notify us
if you discover or suspect that someone has accessed your account without your
permission. Additionally, you may only register for an OfferUp account if you
are legally permitted to, and do, live in the United States or one of its
territories. We reserve the right to reclaim OfferUp account usernames,
including on behalf of businesses or individuals that hold legal claim,
including trademark rights, to those usernames.


4. THE OFFERUP SERVICES

A. POSTING ITEMS, BUYING AND SELLING

The OfferUp Services allow you to post items for sale by uploading pictures and
providing item descriptions. You can post most items through the Services
without charge. OfferUp charges a fee to post some items, for example,if you
exceed your available free posts for certain types of items in certain
categories. For more information on how and when fees are charged, see below.

When a buyer and seller agree on a price for an item posted for sale on the
Services there are several options for completing the transaction.

If a buyer and seller agree, items may be paid for in-person and outside of the
OfferUp Services, such as by cash, check or other agreed upon payment methods.
The details of such a transaction and their payments are made directly between
the buyer and the seller when they complete their transaction, pursuant to terms
they determine. OfferUp is not a party to such transactions in any way, does not
facilitate such transactions, and cannot assist with refunds or returns related
to such transactions in any manner. Since OfferUp is not a party or involved in
transactions of this nature, you acknowledge we cannot be held liable for any
claims that arise out of it.


B. POSTING JOBS

The OfferUp Services allow businesses to post job openings for a fee, which
shall be determined solely by OfferUp and may vary according to your location,
length of job posting, etc. OfferUp Jobs postings are only available for
employment at businesses, not by individuals at this time, and only for
positions based within the United States. You may not post any job openings that
violate the OfferUp Prohibited Items and Jobs Guidelines.

By posting a job on OfferUp you are responsible to ensure the content of your
posting complies with any and all applicable laws, including any local
requirements regarding non-discrimination, disclosure of wages and benefits, age
requirements for jobs, and other employment related disclosures for job
postings. OfferUp in no way participates in the job application or screening
process. All communications between OfferUp users and potential employers will
occur outside of the OfferUp Platform. OfferUp may at any time, at its sole
discretion, remove any job posting for any reason without providing prior
notice. Please refer to our Jobs FAQ for additional information about Jobs
posting options and criteria.


C. SHIPPING

OfferUp permits sellers to post certain items as being available for shipping
nationwide (within the contiguous United States). Items purchased via Shipping
require a user to pay for the purchase with a credit card or other electronic
payment method through the Services ("OfferUp Payment Solution"). All purchases
made using the OfferUp Payment Solution are made directly between you and the
other party according to these Terms and any other terms the parties mutually
determine. OfferUp is not a party to such transactions and disclaims any and all
responsibility to facilitate such transactions or provide refunds or returns,
other than as expressly provided in the Purchase Protection Policies.

Sellers who post items as being available for shipping nationwide must ship
their items in accordance with OfferUp's Shipping Policies, which consist of
Shipping Policy, Packaging Policy, and 2-Day Purchase Protection Policy. Sellers
who receive a prepaid shipping label are charged a fee for sales that results in
an item being shipped. The seller may cancel an accepted offer up until the
package is initially scanned for mailing by our authorized shipping partner.

Buyers who have requested items be shipped to them pay for the cost of shipping
items. When a seller accepts a buyer's offer to purchase an item and have it
shipped to them, OfferUp will charge or put a hold on the buyer's method of
payment, pending delivery of the item. Buyers can cancel an offer to purchase an
item for shipping up until the seller has accepted the offer.

OfferUp is not a party to transactions conducted between buyers and sellers, or
to the shipping of items from sellers to buyers, and, other than as expressly
provided in the Shipping Policy. OfferUp is not liable for any losses, damages,
or delays related to shipping and users ship any item at their own risk.

You agree not to use the OfferUp shipping service in a manner that violates the
law and/or United States Postal Service regulations, including but not limited
to U.S. Postal Service Publication 52, in any way. Without limiting the
forgoing, you may not ship any item that contains weapons, ammunition,
explosives, living or infectious biological matter, human remains, pornography,
alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous
goods, or other goods that may not be shipped or mailed by law. Anyone who ships
a prohibited, illegal, or improperly packaged or labeled material is subject to
legal penalties such as civil penalties, fines and/or imprisonment, including
but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.


D. PAYMENT ACCOUNTS

If you choose to make or accept payment for shipping items using the OfferUp
Payment Solution, you agree to pay the relevant service fees. OfferUp reserves
the right to change the service fees from time to time.

Making or accepting payment using the OfferUp Payment Solution requires you
maintain an account with OfferUp's then-current payment processor for the
OfferUp Payment Solution ("Payment Provider"). OfferUp currently uses Stripe,
Inc. ("Stripe"), a payment processing service, as its Payment Provider. If you
wish to use this feature, you must enroll for the service through Stripe. By
providing your credit card or deposit account information, you are entering into
an agreement with Stripe and agree to the terms of the Stripe Connected Account
Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe
Services Agreement"). OfferUp is not a party to the Stripe Services Agreement
and is not responsible for the payment services provided by Stripe. If Stripe
discontinues providing services in connection with the OfferUp Payment Solution,
you authorize Stripe to share your payment method information with an
alternative Payment Provider.

THE PAYMENT PROVIDER MUST ACCEPT YOUR APPLICATION TO USE THE OFFERUP PAYMENT
SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION.
IF THE PAYMENT PROVIDER REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A PAYMENT
PROVIDER ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED THROUGH THE
OFFERUP PAYMENT SOLUTION, THEN THE PAYMENT PROVIDER MAY DISABLE OR LIMIT YOUR
ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT SOLUTION.

YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE OFFERUP PAYMENT
SOLUTION MAY BE REVOKED, DISABLED, OR LIMITED IF THE PURCHASE OR SALE VIOLATES
ANY OF THESE TERMS, INCLUDING THE PROHIBITED ITEMS GUIDELINES REFERENCED IN
SECTION 7.

The buyer's payment, minus any applicable OfferUp fee, will be released to the
seller typically 3-5 business days after the purchased item has been delivered
to the buyer, provided that no claims are made by the buyer under the Purchase
Protection Policies. Purchase Protection claims may result in delay and/or
cancellation of payment being released to the seller. Sellers authorize the
Payment Provider to pay OfferUp from Seller's account any fees incurred by the
Seller from using the Services.


E. TAXES

You are responsible for any sales, use, duty, or other governmental taxes or
fees due with respect to your purchase or sale through the Services.

OfferUp will collect applicable sales tax if we determine that we have a duty to
collect sales tax in a given state. OfferUp maintains a list of the states where
it collects sales tax. If you are in a state where OfferUp does not collect
sales tax on your behalf, you are required to collect all applicable sales taxes
for sales made through the OfferUp Services.

OfferUp may need to report your earnings from OfferUp transactions to the
Internal Revenue Service if you hit certain thresholds of activity on the
"OfferUp Platform" (defined as both the OfferUp app and Offerup.com). If OfferUp
determines that it is necessary to report your earnings, our Payment Provider
will ask you for personal information, such as your social security number, in
order to complete tax form 1099-K. If you do not provide this information when
requested, our Payment Provider mayblock payments to your bank account until
they receive the necessary information.


F. PAID SERVICES & SUBSCRIPTIONS

 a. General. While using OfferUp is generally free, some products or services
    may be available for a fee (the"Paid Services"). Paid Services include, but
    are not limited to, the following: (i) the ability to pay for more or
    certain types of item posts within the Offerup marketplace, (ii) the ability
    to promote your posted item more prominently in the Services, (iii) the
    ability to purchase certain enhanced account features, (iv) the ability to
    post a Job, or (v) other services or features OfferUp may develop. Unless
    otherwise noted, Paid Services are charged, billed, and managed through your
    applicable Apple App Store or Google Play Store platform (each a
    "Platform"). Some Paid Services are one-time payments and some Paid Services
    are subscriptions that will renew according to the terms identified at the
    time of purchase.
 b. Subscriptions. Paid Services that include a specific number of posts,
    promotions or Services a month or a year, and that renew either monthly or
    yearly, are subscriptions (a "Subscription"). The renewal period is based on
    the Subscription you select and the frequency of renewal will be clearly
    identified at the time of purchase. After you purchase a Subscription, your
    Platform will automatically charge you the fee for the first time period and
    the Platform's payment terms will apply (please review your Platform's
    payment and subscription terms for additional information on how their
    processes are managed). Unless otherwise stated, a Subscription will
    automatically renew and continue for the same price, Paid Service, and term
    length until you or the Platform cancel your Subscription, or OfferUp no
    longer offers the Subscription.
 c. Cancellation. There is no obligation to continue a Subscription and you can
    cancel at any time prior to the end of the renewal of the current
    Subscription period. To cancel a Subscription, locate the cancel settings in
    your Platform at least 24 hours prior to the end of the current period. If
    you don't cancel within 24 hours before the end of the current period,
    payment for the next renewal period's subscription fees will be
    automatically charged through your Platform's payment method and you will
    have renewed for another renewal term; your Subscription will be canceled
    after the additional renewal term. For more information on how to manage
    subscriptions purchased through OfferUp, you can review this help article.
 d. Free-trial. If you enroll in a free-trial for a Paid Service, you will
    automatically be charged at the end of the trial period unless you cancel at
    least 24 hours before the end of the trial period through your Platform
    account.
 e. One-time purchase. If you purchase a one-time Paid Service that is not a
    Subscription, you will be charged once, and the Paid Service purchased will
    not auto-renew. You may repurchase again at any time.
 f. BY PURCHASING A SUBSCRIPTION OF ANY KIND ON OFFERUP YOU ACKNOWLEDGE YOU HAVE
    READ AND AGREE TO THESE TERMS, YOUR PLATFORM TERMS, AND UNDERSTAND THAT YOUR
    SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CAN TAKE ACTIONS TO CANCEL.





5. TRUYOU FEATURE

OfferUp allows you to apply for certain badges that are associated with your
OfferUp account. One badge we offer is the TruYou badge. The TruYou badge is
given to users who provide a form of valid self identification. We partner with
Onfido, a third party service, to process TruYou applications. To receive the
TruYou badge, users must provide certain personal identification documents
(e.g., a driver's license). If you request the TruYou badge, you represent and
warrant that (a) any personal identification document that you provide to us is
an unaltered and accurate image of your government-issued personal
identification document, and (b) that you have all necessary permissions to
provide the personal identification documents to us and your provision of the
personal identification documents to us does not violate any law or regulation
or cause us to be subject to any investigation, prosecution or legal action. DO
NOT USE THIS FEATURE IF THE FOREGOING IS NOT TRUE. We may disclose your photo
identification document or certain personal information you provide to our
third-party service providers to detect inaccurate or fraudulent personal
identification documents and related information. By submitting a TruYou
application, you must read and accept Onfido's Facial Scan Policy and
Release, Onfido Privacy Policy and Onfido Terms of Service.

The TruYou badge indicates only that a user has provided OfferUp with the
requested documentation. THE TRUYOU BADGE DOES NOT DESIGNATE, AND WE DO NOT
REPRESENT OR WARRANT THAT, (A) WE HAVE VERIFIED THAT A USER WITH A TRUYOU BADGE
IS THE PERSON THAT THEY CLAIM TO BE, (B) THAT A USER IS IN FACT THE PERSON
IDENTIFIED IN ANY PERSONAL IDENTIFICATION DOCUMENT THAT USER HAS PROVIDED TO US,
OR (C) THAT WE HAVE TAKEN ANY STEPS TO RUN A CRIMINAL OR OTHER BACKGROUND CHECK
OR OTHERWISE MAKE AN ASSESSMENT OF A USER'S INTEGRITY OR CHARACTER.


6. USER CONSENT

Our Services allow you and other users to create, post, store and share content,
including but not limited to messages, text, photos, graphics, videos, software,
code, company logo or marks, job descriptions, and other materials
(collectively, "User Content"). Except for the license you grant below, you
retain all rights in and to your User Content, as between you and OfferUp.

You grant OfferUp a perpetual, irrevocable, nonexclusive, royalty-free,
worldwide, fully paid, and sublicensable license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, publicly
perform and display your User Content and any name, username or likeness
provided in connection with your User Content in all media formats and channels
now known or later developed without compensation to you. The use of your or any
other user's name, likeness, or identity in connection with the OfferUp Services
does not imply any endorsement thereof unless explicitly stated otherwise. When
you post or otherwise share User Content on or through our Services, you
understand that your User Content and any associated information (such as your
username or profile photo) may be visible to others. OfferUp uses third parties
to provide services such as user verification and the OfferUp Payment Solution.
When You provide User Content in connection with these third party tools, You
may be sharing User Content with these third parties.

You may not create, post, store or share any User Content that violates these
Terms or for which you do not have all the rights necessary to grant us the
license described above. You represent and warrant that your User Content, and
our use of such content as permitted by these Terms, will not violate any rights
of or cause injury to any person or entity. You will not (and will not allow or
authorize any third-party to) post, upload to, transmit, distribute, store,
create, solicit, disclose, or otherwise publish through the OfferUp Services any
User Content that:

 * Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
   suggestive, harassing, threatening, invasive of privacy or publicity rights,
   abusive, or inflammatory;
 * Is fraudulent, misleading or false, may encourage deceptive activity, or
   would otherwise constitute as duplicitous behavior;
 * Is, in OfferUp's judgment, disrespectful, inappropriate, or may expose
   OfferUp, our users or others to harm or liability;
 * May infringe the patent, trademark, trade secret, copyright, intellectual,
   privacy or proprietary right of any party;
 * Would constitute, encourage or provide instructions for a criminal offense,
   violate the rights of any party or otherwise create liability or violate any
   local, state, national or international law;
 * Includes any statements or claims that do not reflect your honest views and
   experiences;
 * Contains any unsolicited marketing promotions, political campaigning,
   advertising, or solicitations;
 * Contains any private information of any third parties, including addresses,
   phone numbers and payment card information; or
 * Contain viruses, corrupted data or other harmful, disruptive, or destructive
   files.

OfferUp assumes no responsibility to actively monitor User Content and does not
endorse any User Content. Although OfferUp has no obligation to screen, edit or
monitor User Content, we may delete or remove User Content at any time and for
any reason with or without notice.


7. PROHIBITED CONDUCT

You will not violate any applicable law, contract, intellectual property right
or other third-party right or commit a tort while using our Services, and you
are solely responsible for your conduct while using our Services. Without
limiting the forgoing, you will not:

 * Use our Services other than for their intended purpose and in any manner that
   could interfere with, disrupt, negatively affect or inhibit other users from
   fully enjoying our Services or that could damage, disable, overburden or
   impair the functioning of our Services or any networks connected to our
   Services in any manner;
 * Engage in any harassing, threatening, intimidating, predatory or stalking
   conduct;
 * Attempt to induce any user into buy-sell correspondence outside of the
   OfferUp Platform;
 * Sell, resell or commercially use the OfferUp Services except as expressly
   permitted by us;
 * Sell, offer, or solicit anything that violates our Prohibited Items
   Guidelines;
 * Sell, offer, or post items or content that is fraudulent, misleading, or
   deceptive;
 * Send, distribute or post spam, unsolicited or bulk commercial electronic
   communications, chain letters, or pyramid schemes;
 * Provide false, inaccurate or misleading information to OfferUp or our service
   providers, including when registering for an OfferUp account, applying for
   the TruYou badge or using the OfferUp Payment Solution;
 * Impersonate or post on behalf of any person or entity or otherwise
   misrepresenting your affiliation with a person or entity;
 * Use, or attempt to use, any form of gift certificate or cryptocurrency as
   payment for any item posted or offered on the OfferUp Platform;
 * Copy, reproduce, distribute, publicly perform or publicly display all or
   portions of our Services, including our underlying content and source code,
   except as expressly permitted by us or our licensors;
 * Modify our Services, remove any proprietary rights notices or markings,
   obscure or disable any advertisements that appear on or through the Services,
   or otherwise make any derivative works based upon our Services;
 * Reverse engineer any aspect of our Services or do anything that might
   discover source code or bypass or circumvent measures employed to prevent or
   limit access to any part of our Services;
 * Develop or use any third-party applications that interact with the OfferUp
   Services without OfferUp's prior written consent;
 * Intentionally attempting to bypass a paywall established by OfferUp that's
   presented after reaching a posting limit;
 * Use any type of automated means to utilize the OfferUp Services or to collect
   or extract data from OfferUp, such as a harvesting bot, robot, spider,
   script, crawler, or scraper, not provided by OfferUp; or
 * Use the OfferUp Services to infringe or violate the intellectual property
   rights or any other rights of anyone else (including OfferUp).

You will establish and use your OfferUp account only in accordance with any
guidelines issued by OfferUp. Without limiting the forgoing, you will not:

 * Create more than one account;
 * Transfer your account to another user;
 * Attempt to obtain the password, account information, or other security
   information of another user; or
 * Attempt to use another user's account without authorization from that user
   and OfferUp.

If you engage in any of the conduct described above or similar conduct, OfferUp
may suspend or terminate your right to access the Services. Enforcement of this
Section 7 is solely at OfferUp's discretion, and failure to enforce this section
in some instances does not constitute a waiver of our right to enforce it in
other instances. In addition, this Section 7 does not create any private right
of action on the part of any third party or any reasonable expectation that the
Services will not contain any content that is prohibited by such rules.


8. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos,
illustrations and other content contained therein, are owned by OfferUp or our
licensors and are protected under both United States and foreign laws. Except as
explicitly stated in these Terms, all rights in and to the Services are reserved
by us or our licensors. Subject to your compliance with these Terms, you are
hereby granted a limited, nonexclusive, nontransferable, non-sublicensable,
revocable license ("License") to access and use our Services.


9. SUSPENSION; TERMINATION

OfferUp may revoke or terminate your License to access or use the OfferUp
Services for any reason without notice at OfferUp's sole discretion. Without
limiting the generality of the foregoing, we may revoke or terminate the License
if you: (i) breach any obligation in these Terms or in any other agreement
between you and us, (ii) violate any policy or guideline applicable to the
OfferUp Services, or any other OfferUp product or service, or (iii) use the
OfferUp Services other than as specifically authorized in these Terms, without
our prior written permission. You will stop accessing or using the OfferUp
Services immediately if OfferUp suspends or terminates your License to access or
use the OfferUp Services. OfferUp reserves the right, but does not undertake any
duty, to take appropriate legal action including the pursuit of civil, criminal,
or injunctive redress against you for continuing to use the OfferUp Services
during suspension or after termination. OfferUp may recover its reasonable
attorneys' fees and court costs from you for such action. These Terms will
remain enforceable against you while your License to access or use the OfferUp
Services is suspended and after it is terminated.


10. TRADEMARKS

OfferUp, offerup.com, Buy.Sell.Simple., the "Tag" logo, and the "O" logo, are
registered trademarks of OfferUp Inc. and may not be copied, imitated or used,
in whole or in part, without our express prior written permission. In addition,
our products or service names, slogans, the look and feel of our websites and
app, including all page headers, custom graphics, button icons and scripts, are
our service marks, trademarks, and/or trade dress and may not be copied,
imitated or used, in whole or in part, without our express prior written
permission. All other trademarks, registered trademarks, product names and
company names or logos mentioned on the OfferUp Services are the property of
their respective owners. Reference to any products, services, processes or other
information by trade name, trademark, manufacturer, supplier or otherwise does
not constitute or imply endorsement, sponsorship or recommendation by us.


11. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions,
comments, suggestions, ideas, original or creative materials or other
information about OfferUp or our Services (collectively, "Feedback"). You
understand that we may use such Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you, including, without
limitation, to develop, copy, publish, or improve the OfferUp Services by using
the Feedback in OfferUp's sole discretion. You understand that OfferUp may treat
Feedback as nonconfidential.


12. COPYRIGHT & INTELLECTUAL PROPERTY COMPLAINTS

You may report alleged intellectual property rights violations or counterfeit
items to OfferUp through our Intellectual Property Report Form.

Furthermore, in accordance with the Digital Millennium Copyright Act and other
applicable law, we have adopted a policy of terminating, in appropriate
circumstances, the accounts of users who repeatedly infringe the intellectual
property rights of others. If you believe that anything on our Services
infringes any copyright that you own or control, you may notify OfferUp's
designated agent as follows:

Designated Agent: OfferUp Copyright Agent
Address: 1100 Bellevue Way NE
Suite 8(A), #57
Bellevue, Washington 98004
E-Mail Address: ip@offerup.com

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
Also, please note that if you knowingly misrepresent that any activity or
material on our Services is infringing, you may be liable to OfferUp for certain
costs and damages.


13. THIRD PARTY CONTENT

We may provide information about third-party products, services, activities or
events, or we may allow third parties to make their content and information
available on or through the Services (collectively, "Third-Party Content"). We
provide Third-Party Content as a service to those interested in such content.
Your dealings or correspondence with third parties and your use of or
interaction with any Third-Party Content are solely between you and the third
party. OfferUp does not control or endorse, and makes no representations or
warranties regarding, any Third-Party Content, and your access to and use of
such Third-Party Content is at your own risk.


14. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend
and hold harmless OfferUp and our subsidiaries and affiliates and our officers,
directors, agents, partners and employees (individually and collectively, the
"OfferUp Parties") from and against any losses, liabilities, claims, demands,
damages, expenses or costs ("Claims") arising out of or related to (a) your
access to or use of the Services; (b) your User Content or Feedback; (c) your
violation of these Terms; (d) your violation, misappropriation or infringement
of any rights of another (including intellectual property rights or privacy
rights); or (e) your conduct in connection with the Services. You agree to
promptly notify the OfferUp Parties of any third-party Claims, cooperate with
the OfferUp Parties in defending such Claims and pay all fees, costs and
expenses associated with defending such Claims (including, but not limited to,
attorneys' fees). You also agree that the OfferUp Parties will have control of
the defense or settlement, at OfferUp's sole option, of any third-party Claims.
This indemnity is in addition to, and not in lieu of, any other indemnities set
forth in a written agreement between you and OfferUp or the other OfferUp
Parties.


15. DISCLAIMERS

Your use of our Services is at your sole risk. Except as otherwise provided in a
writing by us, our Services and any content therein are provided "as is" and "as
available" without warranties of any kind, either express or implied, including,
but not limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. In addition, OfferUp does not
represent or warrant that our Services are accurate, complete, reliable, current
or error-free or that our Services are free of viruses or other harmful
components. You assume the entire risk as to the quality and performance of the
Services.


16. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, OfferUp and the other OfferUp
Parties will not be liable to you under any theory of liability—whether based in
contract, tort, negligence, warranty, or otherwise—for any indirect,
consequential, incidental, or special damages or lost profits, even if OfferUp
or the other OfferUp Parties have been advised of the possibility of such
damages.

The total liability of OfferUp and the other OfferUp Parties for any claim
arising out of or relating to these Terms or our Services, regardless of the
form of the action, is limited to the greater of $100 or the amount paid by you
to OfferUp in the 12 months preceding the event that gave rise to the claim.

The limitations set forth in this Section 16 will not limit or exclude liability
for the gross negligence, fraud or intentional misconduct of OfferUp or the
other OfferUp Parties or for any other matters in which liability cannot be
excluded or limited under applicable law. Additionally, some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages, so
the above limitations or exclusions may not apply to you.


17. ASSUMPTION OF RISK

A. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN
INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON. WE DO NOT
INVESTIGATE OR VERIFY ANY USER'S REPUTATION, CONDUCT, MORALITY, CRIMINAL
BACKGROUND, OR ANY INFORMATION USERS MAY SUBMIT TO THE SERVICES (OTHER THAN IN
CONNECTION WITH THE TRUYOU FEATURE DESCRIBED IN SECTION 5). YOU ARE SOLELY
RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH OTHER
USERS, PARTICULARLY WHEN MEETING A STRANGER IN PERSON FOR THE FIRST TIME. IT IS
POSSIBLE THAT OTHER USERS MAY ATTEMPT TO PHYSICALLY HARM OR DEFRAUD YOU OR
OBTAIN INFORMATION FROM YOU FOR FRAUDULENT PURPOSES. YOU ARE SOLELY RESPONSIBLE
FOR, AND ASSUME ALL RISKS RELATED TO, SELLING AND BUYING THROUGH OFFERUP'S
SERVICES (INCLUDING ALL ONLINE AND OFFLINE INTERACTIONS WITH OTHER USERS).

B. COMMUNITY MEETUP SPOTS. COMMUNITY MEETUP SPOTS ARE LOCATIONS IN WHICH A THIRD
PARTY (SUCH AS A POLICE DEPARTMENT OR LOCAL STORE) HAS AGREED TO POST A
COMMUNITY MEETUP SPOT SIGN. WE ENCOURAGE THIRD PARTIES TO PLACE COMMUNITY MEETUP
SPOTS IN WELL-LIT LOCATIONS, WITH SURVEILLANCE AND IN GENERALLY WELL-TRAFFICKED
AREAS; HOWEVER, OFFERUP DOES NOT INDEPENDENTLY VERIFY THE CONDITIONS AT ANY
COMMUNITY MEETUP SPOT, DOES NOT MONITOR COMMUNITY MEETUP SPOTS AND DOES NOT
WARRANT THEIR SAFETY OR CONDITION. YOUR USAGE OF COMMUNITY MEETUP SPOTS, AND ANY
DISPUTE ARISING OUT OF THAT USAGE, INCLUDING AGAINST ANY THIRD PARTY POSTING A
COMMUNITY MEETUP SPOT SIGN, REMAINS SUBJECT TO THE EXPRESS PROVISIONS IN
SECTIONS 15-18 OF THESE TERMS.


18. RELEASE

To the fullest extent permitted by applicable law, you release OfferUp and the
other OfferUp Parties from responsibility, liability, claims, demands and/or
damages (actual and consequential) of every kind and nature, known and unknown
(including, but not limited to, claims of negligence), arising out of or related
to disputes between users, job applicants and job posters, and the acts or
omissions of third parties. If you are a consumer who resides in California, you
hereby waive your rights under California Civil Code § 1542, which provides: "A
general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with
the debtor."


19. TRANSFER AND PROCESSING DATA

In order for us to provide our Services, you agree that we may process, transfer
and store information about you in the United States and other countries, where
you may not have the same rights and protections as you do under local law.


20. GUIDELINES FOR LAW ENFORCEMENT AGENCY

If you are a law enforcement agency, we may work with you to assist in on-going
matters related to alleged violations of the law, please visit this page for
more information.


21. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate
certain disputes and claims with OfferUp and limits the manner in which you can
seek relief from us, unless you opt out of arbitration by following the
instructions set forth below. No class or representative actions or arbitrations
are allowed under this arbitration agreement. In addition, arbitration precludes
you from suing in court or having a jury trial.

No Representative Actions. You and OfferUp agree that any dispute arising out of
or related to these Terms or our Services is personal to you and OfferUp, and
that any dispute will be resolved solely through individual action, and will not
be brought as a class arbitration, class action or any other type of
representative proceeding. The limitations imposed by this section apply to, but
are in no way limited to, class action refund claims brought by a class of
taxpayers against OfferUp related to taxes collected and remitted in good faith
efforts at compliance with state and local marketplace facilitator or
marketplace provider laws. Nothing in this section will be construed to prohibit
a buyer from filing a refund claim with the seller or applicable state and local
tax authority as permitted by law.

Arbitration of Disputes. Except for small claims disputes in which you or
OfferUp seeks to bring an individual action in small claims court located in the
county of your billing address or disputes in which you or OfferUp seeks
injunctive or other equitable relief for the alleged unlawful use of
intellectual property, you and OfferUp waive your rights to a jury trial and to
have any dispute arising out of or related to these Terms or our Services
resolved in court. Instead, for any dispute or claim that you have against
OfferUp or relating in any way to the Services, you agree to first contact
OfferUp and attempt to resolve the claim informally by sending a written notice
of your claim ("Notice") to OfferUp by email at both support@offerup.com and
legal@offerup.com, or by certified mail addressed to OfferUp Inc., Attn: OfferUp
Designated Agent, 1100 Bellevue Way NE, Suite 8(A), #57, Bellevue, Washington,
98004.

The Notice must (a) include your name, your residence address, your email
address, your telephone number, and, if you have registered for an OfferUp
account, the email address your account is registered under if it is different
from your current email address; (b) your OfferUp account username; (c) a
description of the nature and basis of the claim; (d) details on the specific
OfferUp item or transaction in question; and (e) set forth the specific relief
sought. Our notice to you will be similar in form to that described above. If
you and OfferUp cannot reach an agreement to resolve the claim within thirty
(30) days after such Notice is received, then either party may submit the
dispute to binding arbitration administered by JAMS or, under the limited
circumstances set forth above, in court. All disputes submitted to JAMS will be
resolved through confidential, binding arbitration before one arbitrator.
Arbitration proceedings will be held in King County, Washington unless you are a
consumer, in which case you may elect to hold the arbitration at the JAMS office
closest to your residence. For purposes of this Section 21, a "consumer" means a
person using the Services for personal, family or household purposes.
Additionally, arbitrations may be conducted telephonically or via video
conference for disputes alleging damages less than $10,000. You and OfferUp
agree that arbitrations will be held in accordance with the JAMS Streamlined
Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the
JAMS Rules are available on the JAMS website and are hereby incorporated by
reference. You either acknowledge and agree that you have read and understand
the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any
claim that the JAMS Rules are unfair or should not apply for any reason.

You and OfferUp agree that these Terms affect interstate commerce and that the
enforceability of this Section 21 will be substantively and procedurally
governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to
the maximum extent permitted by applicable law. As limited by the FAA, these
Terms and the JAMS Rules, the arbitrator will have exclusive authority to make
all procedural and substantive decisions regarding any dispute and to grant any
remedy that would otherwise be available in court, including the power to
determine whether a dispute may be arbitrated. The arbitrator may conduct only
an individual arbitration and may not consolidate more than one individual's
claims, preside over any type of class or representative proceeding or preside
over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged
information relevant to the dispute. The arbitrator, OfferUp, and you will
maintain the confidentiality of any arbitration proceedings, judgments and
awards, including, but not limited to, all information gathered, prepared and
presented for purposes of the arbitration or related to the dispute(s) therein.
The arbitrator will have the authority to make appropriate rulings to safeguard
confidentiality, unless the law provides to the contrary. The duty of
confidentiality does not apply to the extent that disclosure is necessary to
prepare for or conduct the arbitration hearing on the merits, in connection with
a court application for a preliminary remedy or in connection with a judicial
challenge to an arbitration award or its enforcement, or to the extent that
disclosure is otherwise required by law or judicial decision.

You and OfferUp agree that for any arbitration you initiate, you will pay the
filing fee and OfferUp will pay the remaining JAMS fees and costs. For any
arbitration initiated by OfferUp, OfferUp will pay all JAMS fees and costs. You
and OfferUp agree that the state or federal courts of the State of Washington
and the United States sitting in King County, Washington have exclusive
jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed
within one year after such claim arose; otherwise, the claim is permanently
barred, which means that you and OfferUp will not have the right to assert the
claim.

You have the right to opt out of binding arbitration within 30 days of the date
you first accepted the terms of this Section 21 by emailing OfferUp at
support@offerup.com.

In order to be effective, the opt-out notice must include your full name and
address and clearly indicate your intent to opt out of binding arbitration. By
opting out of binding arbitration, you are agreeing to resolve disputes in
accordance with Section 23.

If any portion of this Section 21 is found to be unenforceable or unlawful for
any reason, (a) the unenforceable or unlawful provision shall be severed from
these Terms; (b) severance of the unenforceable or unlawful provision shall have
no impact whatsoever on the remainder of this Section 21 or the parties' ability
to compel arbitration of any remaining claims on an individual basis pursuant to
this Section 21; and (c) to the extent that any claims must therefore proceed on
a class, collective, consolidated, or representative basis, such claims must be
litigated in a civil court of competent jurisdiction and not in arbitration, and
the parties agree that litigation of those claims shall be stayed pending the
outcome of any individual claims in arbitration. Further, if any part of this
Section 21 is found to prohibit an individual claim seeking public injunctive
relief, that provision will have no effect to the extent such relief is allowed
to be sought out of arbitration, and the remainder of this Section 21 will be
enforceable. If you are a consumer, the provisions of this Section 21 will be
modified to the extent necessary to conform to the JAMS Consumer Arbitration
Minimum Standards.


22. ONFIDO DISPUTE RESOLUTION AND BINDING ARBITRATION

This Section 22 only applies if you use the TruYou verification service provided
by Onfido. Pursuant to Section 13 of the Onfido Terms of Service, you and Onfido
agree to arbitrate all past, present, and future claims between you and Onfido,
in your respective individual capacities only, that relate in any way whatsoever
to your use of the OfferUp Service, including, but not limited to, your use of
the TruYou feature and/or any of Onfido's products or services. No claims
between you and Onfido may be asserted on a class, collective, or representative
basis or otherwise joined with the claims of anyone else. By agreeing to
arbitration with Onfido, you will not be able to participate as a class member
or recover monetary or other relief in any class action suit that is currently
pending or that may be filed in the future, including but not limited to any
class action suits relating in any way to your use of the TruYou verification
service provided by Onfido. You either acknowledge and agree that you have read
and understand the Onfido Terms of Service, or waive your opportunity to read
the Onfido Terms of Service and waive any claim that the Onfido Terms of
Service are unfair or should not apply for any reason. You have the right to opt
out of binding arbitration within 30 days of the date you first accepted the
terms of this Section 22 by emailing OfferUp at support@offerup.com.


23. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be
governed by and construed and enforced in accordance with the laws of
Washington, except to the extent preempted by U.S. federal law, without regard
to conflict of law rules or principles (whether of Washington or any other
jurisdiction) that would cause the application of the laws of any other
jurisdiction. Any dispute between the parties that is not subject to arbitration
or cannot be heard in small claims court will be resolved in the state or
federal courts of Washington and the United States, respectively, sitting in
King County, Washington.


24. MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to modify our Services or to suspend or stop providing all
or portions of our Services at any time. You also have the right to stop using
our Services at any time. We are not responsible for any loss or harm related to
your inability to access or use our Services.


25. MISCELLANEOUS

If any provision or part of a provision of these Terms is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and does not affect the validity and enforceability of any remaining
provisions.

The failure of OfferUp to exercise or enforce any right or provision of these
Terms will not operate as a waiver of such right or provision. The section
titles in these Terms are for convenience only and have no legal or contractual
effect. Except as otherwise provided herein, these Terms are intended solely for
the benefit of the parties and are not intended to confer third-party
beneficiary rights upon any other person or entity. You agree that
communications and transactions between us may be conducted electronically.
OfferUp is an independent contractor for all purposes and is not your agent or
trustee. You are not an agent of OfferUp.


26. SUPPLEMENTAL TERMS

The following supplemental terms and conditions ("Supplemental Terms") are
incorporated into these Terms and apply to any use by you of the following
Services:

 * OfferUp Autos Terms
 * OfferUp Partner Terms

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