Sellhound Terms of Use

SellHound Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING SELLHOUND.COM (THE “WEBSITE”), MOBILE APPLICATION (THE “APP”) OR OTHER SERVICES PROVIDED BY SELLHOUND, INC. (“SELLHOUND”, “WE,” “US,” “OUR,” OR THE “COMPANY”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE, MOBILE APPLICATION AND SERVICES PROVIDED BY SELLHOUND (COLLECTIVELY, THE “SERVICES”).


  1. By downloading, browsing accessing or using the Services, you agree to the Terms of Use and terms and conditions listed herein - as well as other policies, terms and / or conditions listed on any other area of the Services (including the Privacy Policy found here ). Please read these Terms of Use carefully before using the Services. Users expressly acknowledge that they are aware of these Terms of Use and have had access to these Terms of Use upon using the Services. Consequently, by using the Web Site or the App, Users signify their assent and agreement to these Terms of Use. If User does not agree to these Terms of Use, then User is not authorized to continue consultation and access of and to the Services. Continued use of the Services will constitute acceptance of these Terms of Use, as may be amended from time to time.

  2. We may change our Terms of Use from time to time. You are responsible for regularly reviewing the Terms of Use. Your use of the Services will be deemed an acceptance of the Terms of Use existing at that time.

  3. Information About Us

  4. This Website is operated by SellHound, Inc., a Delaware corporation.

  5. Accessing the Site

  6. We strive to ensure that the Services are available to you at all times but cannot guarantee that either the Services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. You agree that we may in our sole discretion and at any time terminate your access to and use of the Services, or any part thereof, with or without notice. You further agree that use of the Services may be immediately terminated if you violate these Terms of Use. In addition, we reserve the right, in our sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

  7. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use.

  8. Subscription Plans

  9. As part of our Service, we may offer various subscription plans for different levels of services and at different price points, and we shall be at liberty to change them and their features from time to time. If you sign up for a subscription plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.

  10. Listings

  11. As part of a subscription plan or a Service purchase, we shall issue you listings redeemable for content on the Service ("Listings"). Listings may only be redeemed on the Service, have no cash value, are non-transferable and non-refundable. All Listings are valid for a limited time as described in the applicable subscription and promotional terms and conditions.

  12. ANY UNUSED LISTINGS SHALL EXPIRE AFTER ONE YEAR FROM THE DATE OF THEIR PURCHASE.


    Fees and Renewal

  13. Fees for purchased content, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable, and provided in our help pages. The fees for subscription plans may change at any time. Fees may be subject to tax, collected by us or a third party through which you transact, and are non-refundable except in the specific circumstances described in these Terms.

  14. IF YOUR SUBSCRIPTION PLAN INVOLVES A RECURRING PAYMENT OF A FEE, UNLESS YOU CANCEL YOUR SUBSCRIPTION FROM WITHIN THE APP IT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US, OR A THIRD PARTY THROUGH WHICH YOU TRANSACT (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE FEES AND ANY TAXES, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. A SUBSCRIPTION PLAN MAY BE CANCELLED AT ANY TIME BY UNSUBSCRIBING ON YOUR ACCOUNT PAGE, UNDER THE “MY BALANCE” TAB, BY CLICKING “CANCEL MY SUBSCRIPTION”.


    Subscription Freeze and Cancellation

  15. You may cancel your subscription plans by visiting your account details page provided on your “Account Page” under the "My Balance" tab within the app and adjusting your subscription settings and subscription preferences. If you cancel your subscription, you will not receive a refund of any fees already paid. Your subscription benefits terminate when your subscription plan is cancelled, but cancellation will not terminate your license and access to purchased content or Listings.

  16. Termination of Services

  17. Upon your failure to make timely payment of the Subscription Fee or upon material breach any provisions hereunder, we have the right to, immediately and without notice, terminate any Services we provide to you. You hereby acknowledge and agree that we are not liable to you or any third-party for any loss or damages that arise from or in connection with the termination of our Services.

  18. Promotional Trial Subscription Plans

  19. We sometimes offer customers various trial or other promotional subscriptions, which are subject to the Terms except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may, at any time (through your Account Details), choose not to continue to the regular priced subscription plans by cancelling prior to the end of the trial period. If a trial offer or a promotion requires you to have a valid payment instrument on file, such as a credit card or other permitted payment method, we may validate that payment method including by requesting a temporary authorization from the financial institution issuing your payment instrument. If we determine that your payment instrument is invalid, without limiting any of our other rights, we may revoke any benefits, Listings or Content you may have received as part of the offer.

  20. Services and Subscription

  21. To subscribe to our Services, you agree to pay all subscription fees charged to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable (the “Subscription Fee”).

  22. To subscribe to our Services, you need to provide a valid credit card number (or other approved electronic payment methods) and associated payment information (collectively, “Credit Card”). By submitting that information through the App, you agree that Your Credit Card information may be transmitted to and stored by a third-party payment operator, PayPal (the “Payment Processor”) and your Credit Card will be charged through a secured transaction or transactions handled by the Payment Processor, all in accordance with the payment terms of your Subscription Fee and the Payment Processor’s Terms of Use.

  23. Completion of the Services

  24. Our Services shall be deemed complete upon the earlier of (i) your use of our Listing Description on a third-party website; (ii) correspondence from you stating that you find our Listing Description acceptable, usable, agreeable, satisfactory or any description to that effect; or (iii) after the expiration of 72 hours from the time our Listing Description is sent to you. The 72-hour period shall pause upon your communication of dissatisfaction with our Listing Description, until we send a revised Listing Description. “Listing Description” shall mean a full listing (which includes title, description, pricing and shipping recommendation) generated by us for the item intended to be sold by you, your assigns, or any affiliates, on a third-party platform.

  25. Permitted Use of the Services

  26. You must be over eighteen years of age to register for the Services and must ensure that the information provided by you on registration is true, accurate, current and complete. It is your responsibility to update and inform us of any changes to the information provided on registration. Although certain parts of the Services may be used by anyone who visits without requiring registration, some of the Services require you to register in order to enable us to verify your identity. By registering with the Services, you agree that we can send you emails relevant to your account or other Services, and may use your information provided to us pursuant to our Privacy Policy.

  27. When registering, you will be asked to create a password and you will be responsible for maintaining the confidentiality of your password and restricting access to your computer or mobile device. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR USERNAME AND PASSWORD, WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. If you believe that someone has accessed your account without your authorization, please contact us at info@SellHound.com immediately.

  28. Subject to clause 21 below you may print and download extracts from the Services for non-commercial purposes, provided:
    • no documents or related graphics on the Services are modified in any way;
    • no graphics on the Services are used separately from accompanying text; and
    • no copyright and trademark notices are removed without prior written permission from us
    • you are not using any of the content of the Services in any way that may be a violation of these Terms of Use, or the property rights of SellHound.
  29. You may access and use the Services only for legal purposes that are permitted by these Terms of Use. You agree not to, among other things:
    • use any part of the materials on the Services for commercial purposes without obtaining a license to do so from us or our licensors;
    • copy, reproduce, modify, distribute, license, create derivative works from, frame in another web page, republish, download, display, post or transmit in any form or by any means any content of the Services, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Services, or any other activity with the purpose of obtaining lists of users or other information;
    • damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment thereof;
    • obtain or attempt to obtain any materials or information through any means not made readily accessible by us, and not access or attempt to access password protected, secure or non-public areas of the Services.
  30. Intellectual Property Rights

  31. Except for information and material published through third party links, unless otherwise specified, we are the owner or licensee of all intellectual property rights in the Services and Listing Description, and in the material published on it, including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you a limited license to access and use the Services and the Listing Descriptions and the content thereon solely for informational, personal and non-commercial purposes except in accordance with these Terms of Use.

  32. Reliance on Information Posted On This Site

  33. You understand that all third party content posted on, transmitted through, or linked from or to the Services is the sole responsibility of the third party originator of such content. Any content on the Services is provided AS IS, and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall we be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available by the Services, or to anyone who may be informed of its contents.

  34. Third Party Material

  35. The Services may contain material submitted and created by third parties. We exclude all liability for any illegality, error, omission or inaccuracy in such material and we take no responsibility for such material. You acknowledge that we do not screen or approve third-party content, and that we shall have the right (but not the obligation) in our sole discretion to refuse, modify, delete or move any content that is available via the Services, for any reason.

  36. Links From This Site

  37. Where the Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.

  38. Material Submitted by You

  39. By submitting any material to us, you
    1. automatically grant us a royalty-free, perpetual, sublicensable, irrevocable license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content; and waive all your moral rights in such materials.
    2. acknowledge that we are not obliged to publish any material submitted by you.
    3. acknowledge that any material submitted to us is correct and that it is your responsibility to review and confirm that the materials submitted to us and posted by us on your behalf are correct. You acknowledge that any material that we create on your behalf is correct and it is your responsibility to review, and edit any misinformation and confirm that the materials submitted to us and posted by us on your behalf are correct. By hitting “Post”, “Publish”, “List”, etc., you assume full responsibility both in the app and in any third-party marketplaces on or in which it is posted. We strive to make sure all information you provide to us is correctly posted but cannot guarantee that any material posted by us is accurate or free of errors; we are not liable for any misinformation related to any errors made in posting your materials via our Virtual Listing App program. You acknowledge that it is your responsibility to notify us if any material you submitted to the Virtual Listing App contains errors, whether such errors were in the material when submitted or were made when we posted such materials via the Virtual Listing App program. It is your responsibility to make any and all corrections on any third-party marketplace.

  40. You agree not to post any material that is threatening, defamatory, offensive, abusive, liable to incite racial hatred, discriminatory, otherwise objectionable, pornographic, inappropriate, in breach of confidence, in breach of privacy, misleading to others (including consumers); or for which you have not obtained all necessary licenses and/or approvals; or that is intentionally or unintentionally in violation of any applicable local, state, national or international law, or any regulations having the force of law or which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

  41. You represent and warrant that you own or otherwise control all of the rights to any material you post or submit, and are entirely responsible for all such materials.


    Data Protection and Privacy

  42. We process information about you in accordance with our Privacy Policy which is available at https://www.SellHound.com/privacy-policy/. By using the Services, you consent to this Privacy Policy and such processing and you warrant to the best of your knowledge and belief that all data provided by you is accurate. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site or information provided to or gathered by use with respect to such use.

  43. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting material in breach of this clause 27.


    Validity

  44. If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

  45. Entire Agreement

  46. These Terms of Use constitute the entire agreement between you and us relating to the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us relating to the subject matter herein. If you have any questions or comments about our Terms of Use, please contact us at info@SellHound.com, or in writing at:

    101 Cooper St.
    Santa Cruz, CA 95060
    United States

  47. Applicable Law

  48. These Terms of Use are governed by the laws of the State of Delaware, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in California, County of Santa Cruz in all disputes arising out of or relating to accessing or using of the Services. Access or use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this clause.

  49. Disclaimer of Warranties

  50. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SITE AND/OR CONTENT THEREON IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE SITE AND/OR CONTENT THEREON. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

  51. Indemnification

  52. YOU AGREE TO INDEMNIFY AND HOLD SELLHOUND, INC., ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE SERVICES AND/OR US AND/OR OUR THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

  53. Limitation of Liability

  54. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, GOODWILL, INCOME OR REVENUE, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, OFFICE TIME, MANAGEMENT TIME, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE, AND ALL OTHER USE OF THE SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

  55. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

  56. Changes to these Terms of Use

  57. SellHound reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. While we will endeavor to notify you of any changes, please check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Use (including the SellHound Privacy Policy) will mean you accept those changes.

  58. These Terms of Use were dated March 24th, 2020.