Exciting Terms & Conditions...
You are entering into this Agreement with Flying Change Media LLC ("tacktack," "we," "us," and/or "our"). When you (individually, or the entity that you represent) access our Services, you are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, you agree to be bound by this Agreement, and any additional terms referenced herein.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound and print a copy of these Terms for your records. If we do this, we will post the changes to this Agreement on this page and will indicate at the bottom of this page the date these terms were last revised. We may also notify you, either through the Services user interface, in an email notification or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Agreement. If you do not agree with this Agreement or any terms referenced herein, do not use or access (or continue to use or access) the Service.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY TACKTACK. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND TACKTACK. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.
Access and Use of the Service
Services Description: This Agreement applies to all tacktack services, including the tacktack mobile app (on any and all formats or devices), and the website located at https://www.tacktack.co (collectively, the “Service(s)”). The Service is a technology platform that provides an online social marketplace for sporting goods in which consumers and businesses can list and sell their items, and buyers can browse and purchase such items. Users who purchase Items through the Service are "Buyers," and users who list and sell Items through the Service are "Sellers." A user may be both a Buyer and Seller. All purchases are made directly (and any contract for purchase and sale is) between the Buyer and Seller. The Service includes pricing and listing assistance and shipping, but not buying or selling. We may also help facilitate the resolution of disputes between our Buyers and Sellers, but, tacktack has no control over and does not guarantee (a) the existence, quality, safety, authenticity, or legality of Items advertised on the Service; (b) the truth or accuracy of Sellers' content or listings on the Service; (c) the ability of Sellers to sell Items through the Service and ship Items within required shipping windows; (d) the ability of Buyers to pay for Items purchased through the Service; or (e) that a Buyer or Seller will actually complete a transaction, effectuate trouble-free delivery and shipping, or return an Item through the Service.
Third Party Services:
In addition, tacktack is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, tacktack is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party service. tacktack enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
Your Registration Obligations:
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify tacktack of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. tacktack will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service:
tacktack reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that tacktack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that tacktack may establish general practices and limits concerning use of the Service. You agree that tacktack has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that tacktack reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that tacktack reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Conditions of Use
You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "post") or otherwise transmit via the Service, and for all items that you sell or purchase via the Service. The following are examples of the kind of items, content and/or use that is illegal or prohibited by tacktack. tacktack reserves the right to investigate and take appropriate legal action against anyone who, in tacktack's sole discretion, violates this provision, including without limitation, removing the offending items or content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of tacktack, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose tacktack or its users to any harm or liability of any type;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
take any transaction or communications off-site;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection anti-spam, data protection, or privacy legislation in any jurisdiction;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States ("U.S.") export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Purchase and Sale Transactions
Registering for the Service is free; however, tacktack charges certain fees for various transactions effected through the Service. Our Fee Policy is available in the Help Center and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Taxes; Shipping Costs; Buyer Responsibility:
Items purchased by and shipped to Buyers in locations in the U.S. may be subject to applicable state or local sales or use tax, privilege tax or similar transaction-based taxes ("State Tax"). Items purchased by and shipped to Buyers in locations outside the U.S. may also be subject to applicable taxes, including value added taxes (collectively with State Tax, "Taxes"). The amount of Taxes is based on a number of factors, including but not limited to the type of Items purchased, the Buyer's designated delivery address, and/or the location of the Seller.
Buyers are responsible for paying the applicable purchase price for a purchased Item to the Seller, as well as any shipping costs (which are detailed in the Fee Policy), paying applicable Taxes and/or duties associated with the purchase and sale of any Items through the Service, and are also responsible for paying tacktack's commission.
For Buyers in the U.S., the rate of Tax applied to purchases of taxable Items is a combined rate based on the state and local rates of the address where the Items are delivered to or shipped from.
Buyers may use certain tacktack promotions or credits towards the purchase of Items. Depending on the type of promotion or credit used, it may reduce the amount of Taxes that apply to a Buyer's order. The application of the promotion or credit will be reflected at the time of checkout and on the receipt of purchase.
Tax and shipping costs are not included in the listed price for any Items listed by Sellers through the Service but will be displayed to Buyers before confirmation of any purchase.
When a Buyer chooses to make an offer an estimated amount of Tax will be displayed. The estimated amount of Taxes is an estimate of applicable Taxes based on several factors, including the offer price, Buyers designated delivery address and rates of Taxes in effect at that time. If the offer price is accepted, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the offer is submitted. If there is a counteroffer from the Seller, the amount a Buyer is charged will include the amount of estimated Taxes displayed when the counteroffer is accepted. The amount of Taxes may change and be updated when the order is finalized and completed through the Service.
Marketplace Collection; Taxes; Commissions; Seller Responsibility:
tacktack will collect Taxes from Buyers on behalf of Sellers where we are legally obligated to do so including those states that have enacted legislation requiring marketplaces, like tacktack, to collect Taxes on behalf of sellers. In these states, the amount of Taxes collected will be submitted by tacktack to the appropriate taxing authority on behalf of Sellers. In those states where tacktack does not collect Taxes on behalf of Sellers, Sellers are responsible for collecting and submitting any Taxes to the appropriate taxing authority in accordance with relevant state or local laws.
Sellers are responsible for paying tacktack's commission as well as all taxes imposed or measured by Seller's net income, profits, and/or revenues associated with the sale of any Items through the Service.
Buyers may pay for Items using credit cards or other payment methods. If you submit your payment information through the Service, then you authorize tacktack to store that payment information and charge your payment method for any Item you purchase.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy.
tacktack is not affiliated with or endorsed by any manufacturer, retailer or brand of the items that users buy or sell through the Service: tacktack is a marketplace and technology platform. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not tacktack. We encourage you to use the various functionalities of the Service (e.g., our direct messaging platform) to help evaluate the user with whom you are dealing.
tacktack does not control the behavior of users of the Service or the information or User Content (defined below) provided by other users. As a result, tacktack does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, tacktack does not guarantee the ability or intent of users to fulfill their obligations in any transactions. tacktack reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting tacktack and its users from illegal or wrongful activities or other violations of these Terms.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH THE SERVICE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SERVICE.
tacktack prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, the Items listed in our Prohibited Items Policy.
You must have the right to sell the Items that you are listing for sale through the Service. You must describe your item (including the original price) and all terms of sale in your listing truthfully, accurately and completely.
You are responsible for reading the full Item listing before making an offer. When you make an offer and your offer is accepted by the Seller, you have a contract with the Seller.
Buyers may offer to purchase Items from Sellers. Once an offer is accepted by Seller, the sale transaction is binding on both Seller and Buyer, and no returns, refunds, cancellations or retractions are allowed, except as permitted by these Terms. Once the offer is accepted by Seller, Buyer must pay the purchase price and shipping costs for the Item through the Service. After doing so, Buyer's obligations are complete, unless Buyer requests a permitted return. If an Item has not been shipped after 5 days, Buyers will have the option to cancel the sale, unless the Seller has already printed the shipping label. All Buyers can cancel their unshipped orders after 12 days, regardless of whether the Seller has accessed the shipping label.
Seller must comply with the terms and conditions and any other policies or rules imposed by the carrier used to ship the Items; and (v) Seller is responsible for purchasing his/her own shipping label.
If an item is lost or damaged in transit, tacktack is not responsible for compensating sellers when funds for an insurance claim are not rewarded. As a Buyer, if an Item shipped with a Label is lost, damaged, or arrives later than expected, or is the wrong Item, we have no obligation to you; however, please report the issue to us through the Service within three days after delivery. If the tracking number on the label shows that the package has been delivered to the provided address, tacktack considers the package delivered, even if the Buyer subsequently claims otherwise.
Once the Buyer confirms it has received and accepted the Item (either by affirmatively indicating acceptance through the Service or by failing to notify tacktack of any issues with the Item within three days of delivery of the Item, as determined by the tracking information on the Label), then tacktack will credit Seller's account with an amount equal to the purchase price received from the Buyer (less any applicable Tax), minus tacktack's commission, as set forth in the Fee Policy. Funds credited to Seller's account may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from tacktack's chosen financial institution).
Seller Account Balances:
Amounts credited to a Seller's account resulting from the Purchases flow described above (which excludes credits derived from the Friend Referral Program or from Gift Cards or other promotional credits defined below) may be redeemed by the Seller through a permitted third party payment provider (e.g., by ACH from tacktack's chosen financial institution) or used by Seller to purchase items listed by other Sellers through the Service. Amounts redeemed by a Seller through a permitted third party payment provider are limited to $10,000 USD per day. Amounts reflected in Seller Account Balances that have not been redeemed by a Seller within one year of the last active date will be converted to an electronic gift card.
Sellers are not obligated to accept the return of items that are as advertised but have the option to do so. If the item you receive is not as described on the Service, then you must report the issue in the tacktack Service within 3 days after delivery of the purchased item. The order becomes non-refundable as soon as you have approved the sale or 72 hours after the item has arrived at your address-- whichever comes first. Once the order is non-refundable, amounts will be released to the Seller, as described in the Purchases section of these terms. tacktack offers no shipping speed guarantees. tacktack is not obligated to grant a buyer's request to return an item that was not delivered within a certain timeframe.
All pricing guidance displayed on the Service is designed for tacktack users that bases its information on recent transactions on the Site or relevant external market data. tacktack does not warrant its accuracy nor guarantee that items will sell within any stated parameters.
Electronic Delivery Consent of Internal Revenue Service (“IRS”) Information Tax Returns
tacktack uses IRS Form W-9, Request for Taxpayer Identification Number (“TIN”) and Certification, to obtain tax identification information from individuals and sellers who receive reportable payments stemming from marketplace transactions during the calendar year. When required, we provide this information to the IRS and applicable state taxing authorities by filing a Form 1099-K information return. For details, please see our W9/1099K FAQ.
By using this Service, you acknowledge and consent to the following terms:
You have a computer with Internet access.
For the best experience, we encourage you to use current versions of Google Chrome or Mozilla Firefox. If you prefer to use Internet Explorer, please upgrade to IE9 or higher. You also need to have hardware that supports this software. We can’t provide technical support if you’re using an outdated browser.
You will be able to view Hyper Text Markup Language (HTML) files and read Adobe PDF files.
To download and print a PDF file, install Adobe Acrobat Reader. We will notify you within 3 to 5 business days if any changes are made to the method of electronic delivery.
You agree to electronically receive the IRS Form 1099-K information tax return.
Your IRS information tax returns remain available electronically for one year following the date it is originally made available to you electronically. You may obtain a paper copy of the electronic information by printing it from your computer.
If your account is suspended, terminated or cancelled, your consent is nullified and a copy of your IRS information tax return will be mailed to the address provided on your Form W-9.
You will receive email and online communications and disclosures regarding your account instead of physical mail. Communications will not be provided in paper form unless you have contacted support and elected not to receive electronic communications.
You permit tacktack to obtain your electronic signature if you choose to sign certain communications. If you do sign electronically, your electronic signature will bind you to the terms and conditions to the same extent as if you signed the communications on paper with an ink signature.
You will update your tacktack account for any changes to your email address.
For instructions on how to update your email address, read this article. Information that is required by law, such as IRS information tax returns, can be resent to you. However, other communications will not be resent if we receive an electronic notice that the email is undeliverable due to an incorrect email address.
When requesting IRS information tax returns in paper form, your request will not nullify this consent for future electronic deliveries of IRS information tax returns and other tacktack online communications unless consent is withdrawn.
You may request an IRS information tax return in paper form by contacting us at help.tacktack.com.
If a paper copy is mailed to you, this will likely delay receipt of your Form 1099.
For specific instructions on how to withdraw your consent for electronic delivery, see section 8 below.
Your consent to receive electronic IRS information tax returns is effective immediately until you choose to withdraw it.
You may withdraw your consent electronically by contacting us at help.tacktack.com..
Your withdrawal of consent will take effect 5 to 10 days after we receive it. It does not apply to communications that were provided electronically before the date the withdrawal took effect. We will confirm the withdrawal of consent and the date it takes effect by notifying you electronically, and will provide subsequent IRS information tax return via US Postal Service.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. tacktack has no control over such sites and resources and tacktack is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that tacktack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that tacktack is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
Disclaimer of Warranties
Your use of the service is at your sole risk. The service is provided on an "As is" and "As available" basis. Tacktack expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Tacktack makes no warranty that (I) you will be able to sell or purchase any items through the service or that the service will otherwise meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any goods, services, information, or other material purchased or obtained by you through the service will meet your expectations.
Limitation of Liability
You expressly understand and agree that tacktack shall not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if tacktack has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the service (including any injury or other bodily harm that may result from your use of the service); (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event shall tacktack's total liability to you for all damages, losses or causes of action exceed the amount of commissions that you have paid to tacktack as a seller in the last six (6) months, or, if greater, one hundred U.S. Dollars (usd $100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the service or with this agreement, your sole and exclusive remedy is to discontinue use of the service.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and tacktack, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and tacktack are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
c. Pre-Arbitration Dispute Resolution
tacktack is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by submitting a support request at help.tacktack.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to tacktack should be sent to 177 Huntington Ave Ste 1703, PMB 57504, Boston, Massachusetts 02115-3153 US ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If tacktack and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or tacktack may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by tacktack or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or tacktack is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless tacktack and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, tacktack agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. 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.
e. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, tacktack will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Agreement to the contrary, tacktack agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending tacktack written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
You agree that tacktack, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any items or content within the Service, for any reason, including, without limitation, for lack of use or if tacktack believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. tacktack may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that tacktack may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that tacktack shall not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions (including any purchase and sale transactions) with any other user in connection with the Service and tacktack will have no liability or responsibility with respect thereto. tacktack reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
This Agreement constitutes the entire agreement between you and tacktack and governs your use of the Service, superseding any prior agreements between you and tacktack with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. This Agreement shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims, you and tacktack agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. The failure of tacktack to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year (unless applicable law provides for a longer period) after such claim or cause of action arose or be forever barred. This electronic document and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing” and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to this Agreement or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Proposition 65 - California
The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products. On August 30, 2018, Prop 65 will change by encouraging the Notice Parties to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.
WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
We encourage all tacktack users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents. You can include warnings in your item descriptions on tacktack. You agree to indemnify and hold tacktack harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.