SocialSale – User Agreement & Terms
Your Seller User Agreement/Terms
Welcome to the Seller User Agreement for SocialSale. This agreement describes the terms and conditions applicable to your use of our services available under the domain of OnPagePromotions.com for the SocialSale tool and the general principles for the Web site as it applies to your eBay sales. If you do not agree to be bound by the terms and conditions of this agreement, please do not use or access our services.
If you have any questions, please refer to our Frequently Asked Questions or send an email to CustomerService@OnPagePromotions.com.
This agreement is effective on May 1, 2011.
1. Membership eligibility
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended SocialSale members. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.
2. Fees and services
SocialSale is FREE for the lifetime of any of the first 1,000 active subscriptions on eBay.
A detailed discussion and review of our fees can be on our FAQ pages under: What does SocialSale cost?
Canceling your service:
You may cancel your use of SocialSale at any time by ending your subscription in the My eBay section of eBay, under the Applications tab and then by clicking “Unsubscribe” to SocialSale. Once unsubscribed, the then current Fee schedule will apply.
3. Your Obligations to use SocialSale.
3.1 Your Obligations to Allow Us to Facilitate Your SocialSale program:
By extending a SocialSale reward offer to your buyers, you are promising your buyers you will issue a cash-back reward if they meet the criteria outlined in your SocialSale offer, specifically:
a) Agreeing to update a buyer’s FaceBook page with your listing information in return for
b) A cash-back reward to buyers who have both updated a posting to their FaceBook page and purchased the item from you.
During registration, and any time thereafter, you may change the percentage rewards offered for your SocialSale offer. The percentage reward rebate is calculated on the total payment made to you by your buyer in any transaction. The form of the SocialSale offer may be changed by us at any time and versions of the offer are anticipated.
You must also agree to provide SocialSale appropriate API permission to access your PayPal account to issue rewards from your PayPal account. If you are an eBay seller using our service, you also agree to grant your Authentication and Authorization for our service to access your account information on the eBay system.
If you stop using our service, your obligation to your buyers qualifying for any rewards remain and you will be responsible for fulfilling the reward.
3.2 SocialSale is not an auctioneer, nor is it an online seller.
We do not fund rewards to buyers. Instead, our site acts as a customer rewards facilitator to allow a seller (you) to offer, administer and track cash back rewards for buyers who meet certain qualifications defined by the seller. Sellers can offer rewards to their buyers using our service on just about anything, at any time, sold via a variety of pricing formats, including a fixed price format and an auction-style format commonly referred to as “online auctions” as long as buyer payment for the item is completed. Sellers have legal responsibility for funding and fulfilling any reward offered. We cannot ensure that a seller will actually complete a reward transaction.
3.3 Because we are a facilitation service, in the event that you have a dispute with one or more buyers or sellers, you release SocialSale (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Legal Obligations for Offering Buyer Rewards
When you promote a buyer reward using SocialSale, you are legally obligated to fulfill your offer for the buyer reward if the buyer satisfies the active offer criteria you established for your reward. You agree to promote your offer of a buyer reward for completing a sale before a sale occurs. We cannot facilitate any other reward offers you make outside of our service. At any time, you may change reward offers or reward offer criteria using our site. Once you make a reward offer to your buyer, you must honor that offer until it expires. You must also maintain a balance in your PayPal account to provide for any qualifying rewards.
5. Qualifying Buyer Reward
Our service will automatically qualify when your buyer earns a reward by applying the then-active reward criteria for that buyer as set by you in the offer. We apply the reward criteria to your buyer payment for eBay sales. We will calculate the appropriate buyer reward and it will issue directly from within your PayPal account as agreed by you during registration. Rewards will be issued only AFTER payment was made to you by your buyer.
Without limiting other remedies, we may require you to cease any additional postings of the SocialSale Message on any future listings you make. We may also require you to immediately remove our Message from your current listings and/or temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, if:
1. you breach this Agreement or the documents it incorporates by reference;
2. we are unable to verify or authenticate any information you provide to us; or
3. we believe that your actions may cause financial loss or legal liability for you, buyers or us.
8. No warranty
We, our subsidiaries, employees and our suppliers provide our Web site and services “as is” and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
9. Liability limit
In no event shall we, our subsidiaries, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). Our liability and the liability of our subsidiaries, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of:
1. the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or,
2. $100.00 Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
11. Legal compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, promotion, solicitation of offers to purchase, and sale of items relating to the offering or application of a bonus buyer reward.
12. No agency
You and SocialSale are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Attn: Legal Department
101 Longwood Drive
Chapel Hill, NC 27514
(in the case of SocialSale) or to the e-mail address you provide to SocialSale during the registration process (in your case). Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SocialSale during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by SocialSale to collect our fees and/or recover damages for, or obtain an injunction relating to the SocialSale site operations, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SocialSale may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina necessary to protect the rights or property of you or SocialSale pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys fees and costs up to $1000.00.
15. Additional terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
Each of these policies may be changed from time to time and are effective 30 days after we post the changes on our site unless otherwise stated. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely within North Carolina between North Carolina residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You agree that this Agreement and all incorporated agreements may be automatically assigned by SocialSale, in our sole discretion, to a third party in the event of a merger or acquisition.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 9 (Liability Limit), 10 (Indemnity) and 14 (Arbitration) shall survive any termination or expiration of this Agreement.
The services hereunder are offered by MyStoreCredit, Inc., dba: OnPagePromotions and SocialSale, located at 101 Longwood Drive, Chapel Hill, NC 27514. If you are a North Carolina resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information.
18. Additional information
We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Additionally, you may report complaints to North Carolina Department of Agriculture & Consumer Services, 2 West Edenton Street, Raleigh, NC 27601
Mailing Address: PO Box 27647, Raleigh NC 27611, Phone number: (919) 733-7125