Date of last revision: September 22, 2018
Welcome to Reetzy! We’re so glad you’re here. Reetzy is here to help you enrich your life with fashion! Make yourself comfortable and have a great time, but please follow our house rules.
Reetzy, Inc.
Acceptance of terms
By downloading, accessing, or using the App or website made available by Reetzy, however accessed, you are concluding and confirming a legally binding and executed written contract based on these Terms of Use. If you do not accept these terms of service, you may not access or use the service.
Effective
This Agreement is effective on January 19, 2016, for current users and upon acceptance by new users. We may change the Agreement from time to time, with or without notice to you and at our sole discretion, and your continued use of the App, website or any Services constitutes acceptance of these changes. It is your responsibility to review this Agreement when using the App, website, or our Services. Any user who is found to be in violation of the following Agreement and any other policies posted on the Website, App or Services may be banned, at the sole discretion of Reetzy, from using the Services. If legal action is required to compensate for the loss that a user creates by violating this Agreement, Reetzy has the legal right to pursue their benefits in the legal course of action.
Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.
Reetzy’s Service Overview
Reetzy is a social consumer to consumer online marketplace. Reetzy will only facilitate transactions, thus users that list and sell items (the “Sellers”) and users that views and purchases items (“Buyers”) are entirely responsible for the sale of goods or services (“goods”, “products” or “items”), including without limitation the listing of goods and any applicable goods and product warranties. This means that the actual contract for sale is directly between the Seller and the Buyer.
Your Account with Reetzy
To access most features of the Service, you must create an account with Reetzy. Reetzy users provide their real names and information, and we need your help to keep it that way. Here are some rules and commitments you make to us relating to registering and maintaining the security of your Reetzy account:
Your Content
Content that you post using our Services is your content (We will refer to it as “Your Content”). You retain copyright and any other proprietary rights that you may hold in the Content you post to the Service. Content includes anything you post using our Services (like usernames, messages, photos, videos, images, texts, opinions, profile pictures, listing photos, listing descriptions, reviews, comments, and other types of works).
Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
Reetzy may contact Users to verify user’s information if Reetzy suspects any prohibited activities or conducts have occurred in or in relations to user’s account. Reetzy may refuse a user access or suspend a user from all or part of the Service until verification has been completed. Also, Reetzy will not be obligated to refund any payments or provide any compensation in connection with acts taken by Reetzy in accordance with this Agreement.
Prohibited Items
Reetzy strictly prohibits the listing or sale of any item that is set forth in the list of prohibited items. If a Seller lists a prohibited item, it will be deemed to be a violation of these Terms of Use regardless of whether the Seller acted intentionally or not. If Reetzy determines that a listing violates these Terms or is otherwise inappropriate, Reetzy may at its own discretion, remove the listing and cancel any related transactions. You may not use the Service in connection with any product, service, goods, transaction or activity that:
Buying and Selling
By listing an item for sale on the Website, and in your communication with Reetzy users, you warrant and represent that (a) you and all aspects of the item comply with the Agreement; (b) you have the legal right to sell the item; (c) your item falls under the category that Reetzy allows for sale; (d) you will not arrange for any swap or trade items with other members on Reetzy; (e) the description and depiction of the item, including any damage, is complete, truthful, and accurate; and (f) the item is listed in the appropriate category. Your listings may only include text descriptions, graphics, photos, images, videos, and other content relevant to the sale of that item. (g) Each unique item must have its own listing.
You need to understand that all sales are binding. The seller is responsible for accurately listing and communicating about their items, and the buyer is responsible for reading the item description, and asking the seller about details before making a purchase. The seller is obligated to ship the order within 7 days of buyer’s purchase to complete the transaction with the buyer unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased unless there is an exceptional circumstance.
If you do not complete a sale or purchase, your account and all listings may be suspended, restricted, and removed from the Website and Service at Reetzy’s sole discretion. You may request your account and listings to be reinstated, which Reetzy may do in its sole discretion.
Let’s be fair. The price stated in each item listing description must be an accurate representation of the sale. Sellers may not alter the item’s price during or after a sale for the purpose of avoiding Reetzy transaction fees, misrepresent the item’s location, or use another user’s account without permission. If under Reetzy’s sold discretion, buyer or seller manipulates price for avoidance of Reetzy transaction fees, the user may be referred to appropriate law enforcement authorities.
Offers to buy or sell outside of the Website are a potential fraud risk for both buyers and sellers and are not protected by Reetzy’s buyer/seller protection programs. Additionally, these offers may be an attempt to avoid Reetzy transaction fees. This is unfair to other sellers and violates the Agreement, and will result in account termination. You may not exchange personal information or engage in any other activities to transact with another in any manner to avoid any transaction fee. You may not manipulate the price of any item or fees owed to Reetzy when using the Website, App, or Services.
Sellers:
Upon completing a sale, sellers will have access to the buyer’s full physical address. As a seller, you are strictly prohibited from using this personal information for any purposes other than completing the sales.
Reetzy, in its sole discretion, may place a hold on any earnings based on certain factors, including but not limited to, the sale of an expensive item, designer brand item, for up to thirty days after the delivery date to ensure the buyer’s satisfaction and to protect the buyer from replica sales or other misrepresentations by the seller (including but not limited to condition, color, size, and style as displayed in the item description, photos, videos, and messages on the listing on our Website). The seller’s funds will automatically be released after the holding period if Reetzy is not alerted to any issues with the purchased item.
A seller shall not purchase a product Seller themselves has listed.
Buyers:
A buyer (Purchaser) shall not
1) place an order without the intent to purchase
2) Purchase goods for a commercial purpose (e.g. resale), or
3) Place any order that is determined by Reetzy to be fraudulent, illegal, and not following Reetzy’s Terms. Reetzy reserves the right to cancel or suspend any transaction or account it suspects may be fraudulent, otherwise illegal or is the result of unauthorized access to the Service.
Sales contract Formation:
A sales contract for a product will be formed with the Seller when the Buyer (Purchaser) completes the steps for purchasing a product as prompted on the Service, but before payment is made by the Purchaser. The Seller and Purchaser shall not assign to a third party, provide as security, or otherwise disposes of their rights and obligations arising under such sales contract.
Payment by Buyer (Purchaser) and Shipping
If a sales contract is formed, the Buyer (Purchaser) shall pay the total amount of the product price and any applicable fees. If shipping for a product will be paid by the Seller, it will be included in the listed product price, and if the shipping will be paid by the Buyer (Purchaser), the product will be shipped after the Buyer (Purchaser) pays the product price and shipping fee. A seller shall ship a product after the Buyer (Purchaser) has completed her/his payment.
Cancellation of a Transaction
As all sales are binding, cancellation of a transaction is not permitted once the product has been ordered by a Buyer (Purchaser), except as required by applicable law or regulation. However, Reetzy may allow the cancellation of an order if the Buyer (Purchaser) does not make a payment or does not pay in time, the Buyer (Purchaser) receives an item that is not as described in the listing, is sent the wrong item, is sent a damaged item, or for other reasons Reetzy in sole discretion deems appropriate. If a Buyer (Purchaser) receives an item that’s not as described in the listing or is sent the wrong item, the Buyer (Purchaser) must report the problem to us within 3 days of delivery, or within such longer time period as required under applicable law or regulation, through Help Center Section. In such a case, the Buyer (Purchaser) must NOT rate the Seller. Items may be returned to the Seller, as Reetzy permits, for a refund. Sellers accept that Reetzy in sole discretion can approve the return request, and in these ‘item not as described in the listing’, ‘wrong item sent’ or ‘damaged item received’ cases, will take returns of your order.
Purchases and Payment Procedure
Any payment by a Buyer (Purchaser) in connection with the Service shall be made through Reetzy and its payment processor and the details of such payment or settlement shall be subject to the rules and policies set forth in the Help Center Section.
By agreeing to these Terms, you authorize Reetzy and its payment processor to charge or debit your designated Payment Instrument, as applicable, when you make transactions or incur fees for the Service. When Purchaser requests to make a purchase, Reetzy processes such transaction on behalf of the Seller, and Buyer (Purchaser) authorizes Seller to submit charges or credits (in the case of refunds/reversals), as applicable, to the Purchaser’s Payment Instrument.
Seller agrees that Reetzy and its designated payment processor act as agents for the Seller in processing payments for purchases. A Purchaser’s obligation to a Seller for the purchase price shall be deemed extinguished upon receipt by Reetzy of the purchase price (except for Purchaser’s obligations in the event of a chargeback or other payment reversal).
You, as a Buyer (Purchaser), agree that your purchases made through the Service are transactions between you and the Seller, not with Reetzy or its affiliates. You also agree that Reetzy shall not have any liability to you for any payments made through Reetzy’s designated payment processor. Payments to Sellers shall be made through Reetzy.
When user ratings by both a Buyer (Purchaser) and a Seller are complete, Reetzy and its designated payment processor will process the payment to Seller. Reetzy will make commercially reasonable efforts to credit Seller’s earnings balance with Reetzy within ten (10) days of receipt of the settled payment proceeds by Reetzy. Receipts may not be issued to users for payments made or received on the Service, except as required by applicable law or regulation.
When a Seller purchases products related to shipping (shipping insurance and signature confirmation), cost related to these products will be deducted from the amount released to the seller at the time of transfer. Seller understands that when they purchase shipping insurance and signature confirmation on Reetzy, they are not purchasing from Reetzy, but are purchasing product and services from third party services that provides those services. Reetzy has partnered with those services to provide these services on Reetzy’s website, App and Services. The Terms related to those Services can be found below.
Reetzy uses Paypal for payment processing services. By using the Paypal services you agree to the Paypal Services Agreement, and the applicable bank agreements.
User Ratings
Once a product has been received by a Buyer (Purchaser), the Buyer (Purchaser) shall promptly rate the Seller. Once the Purchaser has rated the Seller, the Seller shall promptly rate the Purchaser.
Seller Fees
Sellers agree to pay Reetzy the applicable “Sales Commission”, which is defined in the Help Center Section, when the transaction for the goods is complete. If applicable, the Sales Commission amount is displayed when Seller lists a product. If the Seller chooses to use the shipping label provided by Reetzy when listing a product, the Seller also agrees to have buyers pay for the applicable “Shipping Fee” to Reetzy. In return, Reetzy will provide Seller a pre-paid USPS shipping label to ship seller’s item.
Redeeming Earnings; Earnings Limitations
After a transaction is complete and goods have been delivered to the Buyer (Purchaser), and after both the Seller and the Buyer (Purchaser) have rated each other, Seller may request to redeem his or her earnings balance. Reetzy or its processors or banks may impose additional limitations on the dollar amount or frequency of redemptions of earnings; these limitations are subject to change without notice.
Ratings need to be provided by the Buyer (Purchaser) and the Seller in order for the Seller to receive his or her earnings. Reetzy shall transfer earnings to Seller’s bank account upon Seller’s request. Reetzy may ask for Seller’s User Information to secure the transfer, and may retain the earnings until Seller’s User Information has been verified and confirmed.
A Seller whose User Information has not been verified and confirmed by Reetzy may not complete a sale through the Service that would result in an Account earnings balance in excess of $2,500 (two thousand five hundred dollars) on any day, as calculated by Reetzy in its discretion.
No Interest.
Reetzy and its bank do not pay interest to you on earnings or any other funds which may be maintained in an Account or otherwise with Reetzy. You assign to Reetzy the right to earn interest on earnings or other funds maintained with Reetzy and its bank, in consideration of your use of the Service.
Reetzy gives 4-day window for buyers to request a return of their purchase on Reetzy (only for items not as described as in the listing), and 3 additional days to ship the item to the seller, if a buyer wins the case. If these dates for return are not followed, Reetzy reserves the full right to deny return service to the buyer.
In order to maintain Reetzy a safe and trustworthy marketplace, we try our best to screen each item for its authenticity, appropriate information, and category. If we need additional photos from seller to verify item’s authenticity and the requirements for appropriate listing, we will ask the seller to provide additional photos and the seller must respond within 1 day after the request has been sent. If seller does not respond to our request within 1 day, Reetzy reserves the full right to restrict a listing or delete it from Reetzy’s Services, and cancel any related transactions. That being said, if you try to sell a counterfeit item on Reetzy, we reserve the right to restrict, or suspend your account without any notice to you. In addition, items Reetzy determines are counterfeits will not be returned to the seller, but will be destroyed at our will. Also, if you have sold a counterfeit item on Reetzy and we have already released your earning, we reserve the right to take money out of your bank account as well as Reetzy’s store credit to cover the cost of your buyer’s purchase price. By selling on Reetzy, you agree that your item is authentic and you give us the right to follow our procedures listed above to ensure we have a clean and safe marketplace.
Reetzy reserves the rights to refrain from certifying listed items should we believe we will not be able to authenticate or evaluate the item. Although very rare, there may be a circumstance where an item on Reetzy is inauthentic. In this case, Reetzy cannot and does not make any warranties about listed item’s quality, safety, authenticity, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Reetzy from any claims related to items sold through our Services, including for defective items, inauthentic items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
When purchasing an item, you agree that: (a) you are responsible for reading the full item listing before committing to purchase; (b) you are responsible for contacting the seller to review any missing details on listing about an item (c) you enter into a legally binding contract with the seller to purchase his or her items when you commit to purchase the item; and (d) Reetzy is not a party to the contract and does not transfer legal ownership of the item from seller to you.
To ensure that Reetzy stay a safe marketplace platform, Reetzy will not have access, therefore, is not responsible for any transactions (both financial and item) that occur outside of Service. As we strive to best serve activities on our website, we require that you will sell your items that are listed on Reetzy only through Reetzy’s payment gateways. As buyers, you also agree that you will not ask personal information (including, but not limited to email address, phone number, physical address [before purchase has been made through Reetzy], social media accounts [Facebook, Twitter, Pinterest, WhatsApp, etc] from seller. This means that as Reetzy member, you will not communicate outside of our Service to buy and sell the item listed in our Service, and also that you will not personally meet each other to purchase and sell your item. We, therefore are not responsible for any disputes or transactions that occur outside of our Service. To make Reetzy a safe marketplace and community for all members, we reserve the right to terminate, restrict, or suspend an account in our sole discretion, if we suspect any signs of asking personal information or attempt to communicate and transact through any external means.
Third Party Services and external linked websites
Reetzy may provide tools through the Service that enable you to export information to third party services, including through features that allow users to link their Account on Reetzy with an account on the third party service, such as Facebook, or through our implementation of third party buttons (such as “share” buttons). By using one of these tools, you agree that Reetzy may transfer that information to the applicable third party service. Third party services are not under Reetzy’s control, and Reetzy is not responsible for any third party service’s use of a user’s exported information. The Service may also contain links to third party websites. Linked websites are not under Reetzy control, and Reetzy is not responsible for their content. Without limiting the generality of the preceding sentences of this Article, user’s use of these third party services or linked websites are subject to the terms of use and privacy policies of those third parties or linked websites, and not these Terms of Use or the Reetzy privacy policy.
Termination
Termination by You: We hate to see you go, but you may terminate your account with Reetzy at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Terminating your account also means you will no longer be able to use your remaining Reetzy credit on your account. Another important issue: You still have to pay any outstanding bills and fees, if any, relating to your use of the Service incurred prior to termination.
Termination by Reetzy: We may terminate, restrict, or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice or any refunding fees. This means that Reetzy reserves the right, in its sole discretion, to terminate, suspend, restrict accounts that Reetzy suspect are: 1) Unconfirmed or inactive accounts; 2) Is in breach of, or are attempting to breach, or are acting inconsistently with the terms and spirit of this Agreement; 3) Unable to verify or authenticate any of your personal information or any inputs or contents that you have submitted; 4) show activities on or in relation to the Website may violate applicable law; 5) have failed to pay a fee; 6) may cause legal liability or financial loss to Reety’s users or to Reetzy; 7) any other reason at any time. This means that our Services are not available to temporarily or indefinitely suspended Reetzy users. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy, or use any services on our website. If you or Reetzy terminate your account, you may lose any information associated with your account, including your Contents. If Reetzy terminates a listing or your account, if you close your account, or if the payment of your Reetzy fees cannot be completed for any reason, you remain obligated to pay Reetzy for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel or charging any payment method associated with your account).
Further, any suspected fraudulent, abusive, or illegal activity, including violations of the Agreement and any additional Reetzy policy, may be referred to appropriate law enforcement authorities or other appropriate third parties.
We May Discontinue the Services: Reetzy reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival: The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability
Items You Purchase. You understand that Reetzy does not manufacture, store or physically inspect any of the items sold through our Services. We provide the venue and open marketplace; the items in our marketplace are produced and sold directly by independent sellers, so Reetzy cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Reetzy from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Content You Access. You may come across materials that you find offensive, deceptive, inaccurate, or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Reetzy, or all Reetzy affiliates, is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Service to interact with other individuals, only online. You may also be involved with risks of dealing with an underaged person, acting under false pretense. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Reetzy is not a party to those agreements; they are solely between you and the third party.
Warranties. Reetzy is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (expressed or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. REETZY, INC. is NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT INFORMATION, INCLUDING, BUT NOT LIMITED TO, WHETHER SUCH INFORMATION IS UP-TO-DATE. REETZY, INC. HAVE NO RESPONSIBILITY TO DETERMINE IF YOUR OR ANOTHER USER’S PAYMENT INSTRUMENT IS IN GOOD STANDING OR IF YOU OR ANOTHER USER HAVE AN AVAILABLE BALANCE WITH WHICH TO MAKE A TRANSACTION THROUGH THE SERVICE. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR PAYMENT INSTRUMENT ISSUER, OR YOUR REQUESTED TRANSACTION THROUGH THE SERVICE MAY BE UNSUCCESSFUL. Liability Limits. To the fullest extent permitted by law, neither Reetzy, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Reetzy’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Reetzy in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you. |
Indemnification
We hope this never happens, but if Reetzy gets sued because of something that you did, you agree to defend and indemnify us. That means you will defend Reetzy (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Reetzy’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Sellers agree to resolve any disputes directly with the Purchaser according to our Seller Policy and Terms. In the event that a dispute is escalated to Reetzy, we reserve the right to issue a refund to a Purchaser if a transaction is found to be in violation of Reetzy’s Terms.
In the event that a Buyer (Purchaser) submits a chargeback, Reetzy will respond to the credit card networks as the merchant of record on behalf of the Seller involved in the transaction; the Seller agrees to provide any requested information to us within five calendar days of the request. Reetzy reserves the right to recoup funds associated with Buyer (Purchaser) chargebacks or refunds through any legal means.
Returns of prohibited items to Sellers are not allowed. Buyers (Purchasers) may be eligible for refunds after the goods are destroyed. Sellers will not be reimbursed for prohibited items.
Reetzy reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Website or Services. Reetzy will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion, but ultimately, the problem shall be resolved by such users at their own cost. We will not make judgments regarding legal issues or claims. Reetzy may join the discussion at its discretion. After a transaction is processed, Reetzy is the final arbitrator for disputes between users and Reetzy shall not bear any liability related to such disputes. Reetzy has no obligation to resolve any disputes, and you agree to release Reetzy, its affiliates and subsidiaries, and its respective officers, directors, employees, and agents from claims, demands, and damages (actual and consequential) for every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with one or more users, or an outside party. Although we provide rules for user conduct, we do not control or direct users’ actions on Reetzy and thus are not responsible for the content or information users transmit or share on Reetzy. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Reetzy. We are not responsible for the conduct, whether online or offline, of any user of Reetzy. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Article, any part of it, or of the Agreement including, but not limited to, any claim that all or any part of this Article or Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Article. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Reetzy, Inc. Attn: Copyright Agent, 1290-B Reamwood Avenue, Sunnyvale, California, 94089.
For claims under $10,000, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place at a mutually-agreeable location or, if user and Reetzy are unable to agree, in Santa Clara County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Reetzy user to the extent required by applicable law or regulation. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Article.
Disputes with Reetzy
If you’re upset with us, let us know, and hopefully, we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
Third Party Services
You may register for the Service using third party services (e.g., Facebook Connect) and otherwise enable various third party services to be directly integrated into your Reetzy account, enabling a richer Reetzy experience and personalized service. To take advantage of these features, we may ask you to register for or log into such services on the websites of their respective providers. By enabling third party services within the Service, you are allowing us to pass your log-in information to these service providers for this purpose. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Reetzy shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance and agreement of the updated Terms. If you do not agree to the modified Terms, your sole and exclusive remedy is to terminate your Account and you may no longer use the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Some Additional Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Reetzy regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If Reetzy were to merge with or be acquired by another company or sell a significant portion of its assets or all of its assets, we may share information with them in accordance with our Privacy Policy. Should such an event occur, we will ask that the newly combined entity follow Reetzy’s Privacy Policy with respect to your personal information or otherwise advise you of any changes to a newly adopted privacy policy. If your personal information is to be collected, used, or disclosed for any purposes not covered in this Agreement or our Privacy Policy, you will receive prior notification of the processing of your personal information for the new purposes.
Modifications to Service: Reetzy reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Reetzy shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
When it comes to privacy, we at Reetzy are very serious and spend extensive amount of time and effort to ensure we are clear and upfront about our privacy practices, and provide settings that allow you to control how certain information is used by Reetzy.
In this Privacy Policy, we Reetzy, Inc. (“Reetzy,” the “Company,” or “we”) inform you about our persona data collection and use practices relating to information collected from users (each, a “User”) of our website located at www.reetzy.com (“Website”), mobile applications (“App”) and other services provided by Reetzy, Inc. or any of its subsidiaries (collectively, “Services”).
This policy is a part of our Terms of Use. By visiting or using the Website, App or Services, you consent to our use of your personal information in the ways set out in this policy and in our Terms of Use. Please keep in mind that this Privacy Policy does not cover other data collection or processing by Reetzy or data that other companies collect or sites or services that are linked from our service. We are not responsible for the privacy policies or contents of any third-party websites, apps, or services.
Children
Children under 13 are not allowed to use the Reetzy service. If you are under the age of 18, you must at all times use our services under the supervision of a parent or legal guardian who is at least 18 years of age. Please keep in mind that our Service is available only to individuals who can form legally binding contracts under applicable laws and regulations.
Account Information
When you sign up for our service, you actively provide us with registration information that you can access and update within the Reetzy App or Website at any time, including your name, user name, profile photo, address, and email address. We may also update your registration information, for example, if you give a new email or shipping address to our technical support staff. You may use parts of our Website or App anonymously, but many parts of our Service are restricted to users who have provided us information mentioned above, for the purpose of maintaining Reetzy as a secure and fun experience for the users.
If you connected your Reetzy account to third party login services, such as Facebook/Google, we also use your connected account information on Reetzy. The purpose of this is to make it easier for our users to use our services. You may request deletion of your account information by deleting your Reetzy account, which can be found in the ‘Account’ section of our website. You may also email us ([email protected]) to request deletion of your account information.
We use your email address to communicate with you about your transactions, membership, new services, updates and other topics we believe are of interest to you. We use your mailing address for delivery of items you purchase or sell through our service. We collect your credit card or other payment information for payment processing purposes and your bank account information to post deposits when you sell items through our service. We collect social network info for login and authentication purposes.
When we are required by applicable law, we collect additional information from you such as your social security number or tax identification number or date of birth, and we may request you to provide us with such information. You consent to promptly comply with such request from us if you wish to continue using the service. We use this additional information, in combination with other information we may collect from you such as information about your government-issued identification, for identity verification and fraud prevention purposes, or any other purposes necessary to comply with applicable law.
By voluntarily providing us with personal identification information, you are consenting to our use of it in accordance with this Privacy Policy. By choosing to provide personal identification information, you acknowledge and agree that such personal information may be transferred from your current location to the offices and servers of Reetzy and the authorized third parties that we mention here, located in the United States.
Non-personal identification information
We collect non-personal identification information to process and deliver to you and other users of our service, your activities and contents, such as posts (images, questions, opinions, etc) you post, information about item you post for sale through Reetzy, comments you have written, your reports, and messages exchanged with other Reetzy users. We also receive information about your browser name, IP address, device, software, who you communicate and engage with, locations, and your actions within our Service.
Our App and Website also requires cookies to provide functionality to you. We associate usage data with your device and your personal account. We process usage information to deliver, improve and optimize our Reetzy service, to protect you, us, and other users from actual or potential fraud, violation of our Terms, and misuse, and to determine what information, features, promotional information and other services you need or may be interested. Reetzy may store such information itself or such information may be included in databases owned and maintained by Reetzy affiliates, agents or service providers.
Cookies
A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access our Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately to understand how you interact with our services to provide a better experience. Cookies do not hold personal information about you. Where personally identifiable information is required to be gathered, the need for this information will be clearly communicated before you choose to provide the information.
You may choose to set their web browser to refuse, delete existing cookies, or to alert them when cookies are being sent. In doing so, please note that some features and promotions of the Reetzy Website and App may not function properly as designed.
Our Service currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. We may also use Web beacons or similar technology on the Services. Web beacons are small, invisible graphic images that may be used on the Service or in emails relating to the Service to collect certain personally non-identifiable information and monitor user activity on the Services, such as to count visits, understand usage effectiveness and to tell if an email has been opened and acted upon. In all cases in which we use cookies, we will not collect personal identification information except with your permission.
Data retention
Reetzy will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active, or as needed to provide you services. If you no longer want Reetzy to use your information to provide you services, you may close your account. Please understand that Reetzy will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
When you delete your content, it is deleted in a manner similar to emptying the recycle bin on a computer or a smartphone. However, you understand that removed content may remain in backup copies for a reasonable period of time (but will not be available to others).
We retain account and usage data as long as required by applicable law. Beyond required retention periods, we may keep data as long as permitted by law. If you choose to close your Reetzy account, we will inactivate the account within less than 14 business days. Please keep in mind that others can retain and access content and messages that you have posted or sent them before you closed your account and we keep deactivated account information for a certain time period in our archives.
How we use collected information
We use information you provide in a manner that is consistent with this Privacy Policy. We collect and use Users’ personal information for several purposes including:
To prevent, detect, and mitigate illegal activities
Reetzy may use User’s personal identification information (Account Information) to prevent, detect, and mitigate fraudulent, counterfeit, or illegal activities.
To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently. For example, if you contact us by email or other messaging or communication means, we will use the information you provide to answer your question or resolve your problem
To facilitate communication between Users
Your name or username is publicly displayed and connected to your Reetzy activity. Other people may see the reviews and related photos for items you purchased or sold; your profile information; items you list for sale; followers and those you follow; sold item listings and the number of items sold; and posts and comments you post in our community spaces.
To facilitate communication between You and Reetzy
On occasion, Reetzy will contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive our messages. Some messages from Reetzy are service-related and required for members. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with Reetzy’s support team. You may not opt out of receiving service-related messages from Reetzy, unless you close your account.
To personalize user experience
We may use information in the aggregate to understand how our Users as a group use our Services and resources provided on our App and Website.
To improve our Website
We may use feedback you provide to improve our products and services. The non-personal identification information may also be used to discern if changes to Reetzy’s App, Website and Services will benefit and better serve the Users.
To process payments
We may use the information Users provide about themselves and their financial accounts when placing an order and selling an item only to complete the transaction pertaining to requested order.
To help you sell faster and promote Reetzy
We may use your account information in a listing or any other content that you post and upload to the Service (name, username, profile photo, images, texts), to publish that listing and other content (including without limitation any personal information or other information included in the listing and content) in connection with the operation of the Service or any other products or services of Reetzy or the promotion, advertising or marketing thereof (including publishing your listing and other contents on the Internet or on Third Party Services such as Facebook, Instagram, Pinterest, sharing it with blogs, etc.). In addition, please note that when you publicly post content, such as listing, posts in a group, posts in your wall, comments, that content is visible and available to third parties, and they have the ability as part of the Service, to share your listing and contents with others.
To run a promotion, survey, or other Website feature
In an ongoing effort to better understand and serve you, we may use the information you provide to send information that you agreed to receive about topics we think will be of interest to you. If we do so, any marketing communication we send you will contain instructions permitting you to “opt-out” of receiving future marketing communications.
To send periodic emails and notifications
We may use email address and other information to send you information and updates pertaining to their order.
It may also be used to respond to their inquiries, questions, and/or other requests. Also, email addresses and phone numbers will be used to send you updates on your activities on Reetzy, such as updates on your and group members’ engagements in Reetzy groups. If you decide to opt-in to our mailing and list, they will receive emails that may include company news, updates, related product or service information, etc. Decision to receive or stop receiving our promotional emails can also be managed in your account settings. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications.
How we protect your information
We adopt generally accepted industry standards for data collection, storage and processing practices, and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, contents and data stored on our Website or Services. Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure or error-free. In particular, messages sent through the Reetzy service are not encrypted. Therefore, while we strive to protect your personal information in our best effort, we cannot guarantee its absolute security. You also play an important role in keeping your privacy really private to yourself. Your Reetzy account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our Services.
Disclosing your personal information
Reetzy will not disclose, sell, trade or rent your name, email address or other personal information to third parties without your consent, except as specified in this policy. We generally use the information to provide and improve our services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and reporting.
As described in Reetzy’s Terms of Use, you have a limited license to use that information only for Reetzy-related communications or for Reetzy-facilitated transactions. Reetzy does not grant you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any Reetzy member to your email or physical mailing list or misuse any member’s personal information. Remember that you need to comply with all relevant legal rules when you use Reetzy. This includes applicable data protection and privacy laws which govern the ways in which you can use another Reetzy member’s information.
Reetzy grants limited access to your personal information by Reetzy personnel to those whom we believe reasonably need that information to provide products or services to you or in order to do their jobs.
Reetzy may disclose Users’ personal information to the following parties and for the following purposes:
Sellers from whom you have purchased items
As part of the buying and selling process, Reetzy will facilitate the sharing of information between the two members involved in the transaction, such as the other Reetzy member’s email address, shipping address, and payment information. For example, if you purchase an item, we’ll share your full shipping information with the seller, so that the seller will be able to ship the sold item to you. By making a sale or a purchase on Reetzy, you are directing us to share your information in this way. The seller is strictly prohibited from using your information for anything other than completing the sale.
Business partners, trusted affiliates, and third party service providers
We may disclose generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above, referenced above with respect to how Reetzy uses collected personal information, without notification to the User of disclosure. We may use third party service providers to help us operate our business and our Website or administer activities on our behalf, such as sending newsletters or surveys. We may disclose your information to these third parties for those limited purposes provided that you have given us your explicit consent.
Law enforcement and government agencies
We may disclose User’s personal identification information to law enforcement and government agencies in response to a verified request related to suspected illegal activities or related to a criminal investigation, to protect, establish, or exercise our legal rights or defend against legal claims. We will only disclose information that we find necessary and relevant, when we believe in good faith that such disclosure is necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of Reetzy’s Terms of Use. Disclosed information may include but are not limited to User’s name, mailing address, phone number, contents, and email address. Disclosure may be made without notice to User.
Third Parties with intellectual property rights
We may disclose User’s personal identification information to third parties with intellectual property rights who have complied with Reetzy’s complaint procedure, as outlined in our Terms of Use. We will only disclose information found necessary and relevant in connection to an intellectual property infringement, fraud investigation, piracy, or other unlawful activity to which the third party has been subject, as detailed in our Verified Rights Owners Program. Disclosed personal identification information may include, but is not limited to, User’s name, mailing address, phone number, email address, and company name. Disclosure may be made without notice to User.
For avoidance of doubt, please take note that disclosing personal identification information to third parties with intellectual property rights includes the disclosure of personal identification information of a User who has been identified as selling unauthorized goods or replica items, which is in violation of our Terms of Use.
Third parties in a legal proceeding
We may disclose User’s personal identification information to third parties involved in a legal proceeding if the third party provides Reetzy with a subpoena or other similar lawful process. Disclosure may be made without notice to User.
Reetzy will also disclose to third parties involved in a legal proceeding when Reetzy believes in good faith that disclosing personal identification information is necessary to prevent imminent physical harm or financial loss, or to report suspected illegal activity.
Business Transfers
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, personal identification information may be part of the transferred assets.
Disclosure related to Reetzy’s Terms of Use Agreement
If Reetzy believes in good faith that User has breached the Terms of Use Agreement or any other Reetzy agreement, Reetzy may disclose such User’s personal identification information as found necessary and relevant to pursuing a claim or preventing further injury to Reetzy, its Users, and others. Disclosure may be made without notice to User.
Choice & Control
We know that members of our community value having control over their own information, and therefore Reetzy gives you the choice of providing, editing or removing certain information, as well as choice over how we contact you.
For various reasons, Reetzy may send you messages about our services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, (such as newsletters), and you can control which optional messages you choose to receive by changing your settings in your account.
If you have chosen to connect your account to an external, third-party application, such as Facebook, you can change your settings and remove permission for the app by changing your account settings.
Lastly, if you no longer wish to use Reetzy’s services or receive service-related messages, then you may close your account.
Changes to this privacy policy
Reetzy has the discretion to update this Privacy Policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications. This Privacy Policy was last updated on the date indicated below.
Your acceptance of these terms
By using this Website or our Services, you signify your acceptance of this Privacy Policy and our Terms of Use. If you do not agree to this policy, please do not use our Website or Services. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Contact us
If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with any of our Services, please email [email protected] or contact us at:
Reetzy, Inc.
Updated: September 18, 2018